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.
9 A. BARBARA AND BRENDA CAME UPSTAIRS. I'M NOT SURE 10 THEY CAME UPSTAIRS TOGETHER. I THINK THEY DID. CAME INTO THE 11 ROOM, AND BARBARA JUMPED ON THE BED NEXT TO ME ON TOP OF THE 12 BLANKETS, AND I THINK BRENDA WENT IN THE BATHROOM BUT I'M NOT 13 SURE. LAID THERE WITH BARBARA FOR A MINUTE, AND BRENDA WENT OUT 14 OF THE ROOM, WENT BACK DOWNSTAIRS, AND AFTER A FEW MINUTES AGO 15 WE TURNED THE TV OFF, SNUGGLED UP WITH HER AND WE TALKED WITH 16 HER FOR JUST A MINUTE, AND I STARTED TO DOSE OFF AND BRENDA 17 ASKED US TO COME DOWN. Brenda had left the room so Who was the we Damon was talking about? Who was the her Damon was talking about? Oh and please note, he does know the difference between we and I.
From Tanya Dulaney July 9:
Q WHAT ARE THOSE NOW, PLEASE?
A THESE ARE ORANGE FIBERS THAT WERE REMOVED FROM THE TAPE LIFTS FROM THE MOTOR HOME.
Now Jennifer Shen testified after Dulaney. Dulaney was primarily talking about the blue fibers but the above came up in her testimony. I'll post more from Jennifer Shen when I come to it.
Again, the fiber around the necklace was very dirty. I'm looking up MH fiber evidence right now, but Shen testified she had to clean the necklace fiber and it still had dirt marks on it that wouldn't come out. It did, in fact, match in every way the fibers at Westerfield's.
For the record, I agree, it *could* be a slip from habit of saying "we".
Just a random thought; How many men do you know that wear orange anything except at Holloween?
About the same number that have an orange blanket they use to wrap a body in and place it on the back seat of their SUV before disposing of it.
Thats the problem with speed reading. You just pass right over what has been written. Slooooooow down.
Nobody said Danielle was up when the 4 got there after 2am in order for them to hug Danielle.
THEY COULD HAVE GIVEN HER A HUG BEFORE THEY WENT TO DAD's
Except for Barbara. Brenda didn't want her anywhere near Danielle.
Too many words, but you'll figure it out!
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