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.
...(EXCERPT)......In addition to his activities the night of Danielle’s disappearance, Damon van Dam testified that, on at least three occasions, he had sex or tried to have sex with Easton in the presence of his wife. He and Brenda also admitted having had sex with Kemal and her husband, Andy, at a Halloween party in October 2000.Expert testimony is it can take as little as 24 hours. Her body was not completely mummified, but partially. I believe the prosecution theory is bug activity delayed until animal activity took place, opening the body up and making it attractive to insects at that time (plus weather had warmed up by then increasing insect population).
Prosecution SPECULATION is more like it.
I don't believe that is accurate. Susan said when he drank he could become forceful (in addition to quite, withdrawn, etc).
Please don't make leaps and bounds that I am saying any more than that. I just don't believe the testimony was that he became forceful *only once*.
Well, you are speculating that a body could not mummify in 2-3 days despite expert testimony to the contrary.
He is complaining about delays due to waiting for surrebuttal witnesses. I guess it was okay to wait and delay for Goff, but not not okay to wait for a defense witness.
Dusek is too eager to put Westerfield to death. I don't think solid proof of innocence would turn him around. What a shame and how unjust!!!
In addition, her face and hands were mummified. Not her torso, not her limbs, not her lower trunk. Flies would land within minutes, unless she were placed there in the dark early morning hours of one of the days it got near freezing, but then it warmed up considerably every day, hitting quite warm temperatures by mid afternoon. EVERY DAY. It wasn't like Dubuque or Dallas or Detroit in February. It's San Diego. Warm, breezy, coastal, Southern California climate.
The eyes, nose, mouth, ears, genital area, any wound area (rape or other mortal wound responsible for her death) would attract flies post haste. As soon as the temperatures started to thaw a bit (like 8-9 a.m. for the golfers to be able to get on the no-longer-frost-covered grass), the flies would be swarming like mad. They had plenty of water from the golf course's regular irrigation, lots of food from the country club garbage cans and the housing area nearby to keep them fat and sassy, and spring-to-summer like warmth (compared to the rest of the country) to provide them plenty of energy.
On the other hand, beetles love the dry, tough, mummified meat. So they would have been present and laid eggs and begun hatching their beetlings from the get-go if the body had mummified within 24 hours. But they hadn't. (Unless that Bionic Ant carried them off, too.)
IMHO, this theory of 24-hour-mummification slowing down bug activity for at least 2 weeks just doesn't match the evidence.
In respecting the need for relevance, I am posting that I just drank my last cup of coffee and will be going outdoors to enjoy the sun for a few hours. I'm wearing a purple terry romper and will be grabbing a Diet Coke on my way out the door. I might make a list of errands I need to run while I sit.
Be back later. Hugzz and kizzezz
Delay for Goff=one day (today). He's there tomorrow.
Enjoy your time outside, and think of me sitting here,jealous, closed up in an office building in Mission Valley.
So, you agree with calling me a "threadjackal" because I have an interest in the trial but disagree with your interpretation of the evidence?
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