Evidence On Insects Likely To Continue: (Westerfield Trial "Creeps" Along At An Ant's Pace!)

Union Trib ^ | June 29, 2002 | Alex Roth

[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.

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.

[FresnoDA]

For all you Threadjackals....enjoy.....

RUDY-Supertramp....

DAVID - FDA

David's on a train looking guilty, halfway down the line
He don't wanna go there, but he Feldman needs time
He's quite sophisticated, and  well-educated
After all the hours he wasted, surfing the web..
.
He needs time - he needs time for livin',
He needs time - for someone just to see him.

He ain't had no lovin'
For no reason or rhyme
And the whole world's above him.
Well it's not as though he's fat-
No there's more to this than that-
See he tries to play it cool-
Wouldn't be nobodys fool.

David thought that all good things comes to those that wait
But recently he could see that it may come too late.

All through your life, all through the years
Nobody loved, nobody cared.
So dim the light, dark are your fears
Try as I might, I can't hold back the tears
How can you live without love, it's not fair?
Someone said give but I just didn't dare.
What good advice are you waiting to hear?
Hearing's alright for them that's all there
You'd better gain control now
You'd better show'em all now
You'd better make or break now
You'd better give and take now
You'll have to push and shove now
You'll have to find some love now
You'd better gain control now.
Now he's just come out the movie.
Numb of all the pain,
Sad but in a while he'll soon be
back on his train…

[the Deejay]

"Do you have an idea as to how her blood got on his MH carpet?"


Well yeah, & it's very simple but too lengthy to type at the moment. Again, it's speculation on my part, but I think it's quite logical & not a mystery.

[pinz-n-needlez]

Her parents testified she had frequent bloody noses. As a 7 year old, she had teeth falling out every few months. She bit her nails, which could have caused them to bleed. She was of an age to fall down and get cut, frequently and easily.

There was bood on her clothes and on furniture in her room. The kid was a veritable fountain of dna, bless her poor little heart.

[UCANSEE2]

In the transcripts. Read them and then come back and post.

Becoming a standard reply, for many of us.

[pinz-n-needlez]

Bingo! Sad to say....

[clearvision]

It has been testified to by at least two people that they had personal knowledge of the RV being unlocked and these were cases where it was not being loaded/unloaded. I assume it would be unlocked and likely open while being loaded and unloaded (although while loading/unloading is going on she would more likely have been seen).

[cyncooper]

He had on a black leather jacket that night.

Thanks I didn't know that. Where is that point made ?

One of the defense witnesses, Glennie something, testified that he was wearing all black, including black boots and the jacket.

Also wearing a baseball cap, which Keith Sherman said is Westerfield's custom.

Interestingly, Susan L. (the ex) said he didn't own a pair of black boots, and there don't seem to be any in his house (but, then, consider he was barefoot on drycleaning trip #1).

[cyncooper]

Also, black clothes were what he took the drycleaners on trip #2.

[UCANSEE2]

I believe that a search of the MH didn't find the prints. That after they found Danielle, they went back into the MH to 'SEARCH AGAIN' and (this time damnit, you better find something) EUREKA, they found a partial print!

[VRWC_minion]

Translation..who gives a care how he did it, he just walked in there and did it!

So, your premise is that every abductor leaves evidence behind when the enter a home and take a child. Interesting.

[kayti]

"Do you have an idead as to how her blood got on his MH carpet?"

1. She could have deposited a long time ago when she was playing in there with Layla. At which time she probably left more fingerprints and hair, but over time as things were cleaned, they diminished in number.

2. Her mother testified she was prone to nosebleeds. It is possible she had a nosebleed while playing in the park and walked home (past DW's), distributing blood on the sidewalk. Someone loading the MV walked through it and deposited it unknowingly on the MV floor.

[spectre]

His friend and neighbors did testify that his MH was left unlocked at times.

It still is not highly unlikely that Danielle wandered in and explored his Motor Home, she was a child, and kids do that. Bored ones who don't wander far from home especially...that's how her hair and blood got in there. We agree to disagree on this.

Night all. It was a civilized and interesting read tonight.

sw

[John Jamieson]

A: I FOUND A FEW VERY SMALL PIECES OF FIBERS WHICH I COLLECTED. AND I FOUND A COUPLE VERY SMALL PIECES THAT LOOKED LIKE BLUE PAINT WHICH I ACTUALLY LEFT THOSE ON THE FINGERNAIL. I TOOK A VERY TINY PORTION OF THAT TO ANALYZE, BUT THE REST I LEFT ON THE FINGERNAIL.

..........

Q: WAS THERE A THIRD PACKAGE IN THAT GROUP AS WELL?A: YES.Q: WHAT WAS THAT?A: THERE WAS A SMALL FLAKE OF WHAT LOOKED LIKE POSSIBLE TISSUE THAT I COLLECTED AS WELL, AND I PUT THAT IN A SEPARATE SMALL PACKAGE.

Must not have been any DNA in the tissue.

[John Jamieson]

If that's true, the value of the DNA and fingerprint just fell 90 points!

[VRWC_minion]

FWIW, this could have hardly be answered by a goldilocks visit

Q AS A RESULT OF THE VARIOUS EXAMINATIONS THAT YOU CONDUCTED, BOTH VISUALLY AND BY THE INFRARED METHOD, DID YOU NOTE ANY SIMILARITIES OR CONSISTENCIES BETWEEN THOSE FORTY-SIX FIBERS AND THE BLUE FIBERS TAKEN FROM ITEM 92, THE SHEET COVERING DANIELLE VAN DAM'S BODY?

A YES, I DID. IN ALL THE WAYS THAT I MEASURED AND COMPARED THE FIBERS, THE FIBERS FROM THE MOTOR HOME WERE THE SAME AS THE FIBERS ON THE SHEET

Come on folks. The blue fibers in various spots of the RV matched the blue fibers on her ?

[VRWC_minion]

Could you provide the day so I could read the blue paint stuff ?

[gigi]

I go to signonsandiego.com. Click on Westerfield Trial and it has transcripts divided into defense and prosecution witnesses. It has the name of each person that testified and the date so you can go to transcripts and find the date and read the testimony. I hope this helps.

[cyncooper]

Come on folks. The blue fibers in various spots of the RV matched the blue fibers on her ?

Same blue fibers in his laundry that he was busy doing when police first went in his house.

[John Jamieson]

And those fibers, per the testimony, "MAY , OR, MAY NOT" have come from some never identified, common source. Totally useless info.

Do you shop at Walmart. I'll bet there are lots of fibers in my home that match some in yours.

[Freedom2specul8]

According to keene and DW, DW must not remember the first 2 visits..

Visit: 1 ---cookies sold to him a year ago
Visit: 2 ---cookie delivery..a year ago
Visit: 3 ---dads
Visit: 4 ---selling cookies
Visit: 5 ---dads

(EXCERPTS OUT OF ORDER)

http://members.cox.net/jeneal/PrelimTranscripts/PVW314.txt

SNIP

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.
21 Q CAN YOU REMEMBER THE FIRST CONTACT THAT
22 YOU'VE HAD WITH HIM, OTHER THAN THE HI-AND-BYE?
23 A I THINK IT WAS SELLING GIRL SCOUT COOKIES
24 THE YEAR BEFORE.
25 Q THE YEAR BEFORE DANIELLE'S DISAPPEARANCE?
26 A YES
19 Q AND A YEAR AGO WHEN THE COOKIES WERE SOLD
20 OR AT LEAST GIVEN THE OPPORTUNITY TO BE SOLD AT
21 MR. WESTERFIELD'S HOUSE, DO YOU REMEMBER ANYTHING AT
22 ALL ABOUT THAT CONTACT?
23 A I REMEMBER THAT HE INVITED US IN.
24 Q A YEAR AGO?
25 A A YEAR AGO.
26 Q DID YOU GO IN?
27 A WE STAYED IN THE LIVING ROOM, AND HE FILLED
28 OUT THE ORDER FORM.

SNIP

23 Q WHAT'S THE NEXT CONTACT WITH 24 MR. WESTERFIELD THAT STANDS OUT IN YOUR MIND? 25 A WHEN I WENT TO DAD'S, THE FRIDAY BEFORE THE 26 -- THE 1ST.

snip

5 MR. WESTERFIELD WAS WHEN? 6 A WHEN DANIELLE AND I SOLD GIRL SCOUT 7 COOKIES. 8 Q THAT WOULD BE THE SECOND GIRL SCOUT TRIP? 9 A YES. 19 A HE INVITED US IN. 20 Q DID YOU GO IN? 21 A WE WENT IN. I ASKED HIM IF I COULD SEE THE 22 KITCHEN. 23 Q THE KITCHEN FOR WHAT REASON? 24 A TO SEE THE REMODEL.

SNIP

22 A I BELIEVE WE WALKED OUT FRONT. HE STARTED 23 TALKING ABOUT A PLACE CALLED INCAHOOTS AND HE WANTED 24 ME TO GO THERE, I THINK WEDNESDAY NIGHT WAS SOME 25 KIND OF SPECIAL NIGHT. THAT'S WHY I'M THINKING I 26 SOLD COOKIES ON TUESDAY. HE SAID, "DON'T FORGET TO 27 WEAR YOUR BOOTS TO INCAHOOTS."

SNIP

21 Q WHEN WAS THE NEXT TIME THAT YOU SAW HIM? 22 A AT DAD'S CAFE ON FRIDAY EVENING. NIGHT. 23 Q THAT WOULD BE FEBRUARY 1ST? 24 A YES