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 WHEN WAS DANIELLE VAN DAM KILLED?

The time of the 7-year-old's death has become a crucial issue in the capital murder trial of her neighbor, David Westerfield. She was missing for 26 days before rescuers found her naked, badly decomposed body along a roadside. Prosecutors claim she was killed within the first couple days of her abduction — when Westerfield says he was alone on a camping trip. But Westerfield's lawyers say the state of her remains indicates the defendant was already under police surveillance when she was killed and, therefore, he could not be the perpetrator. The defense called a pair of forensic entomologists who said bug evidence supported that theory. Prosecutors fought back with their own time-of-death experts. Here's a summary of the contradictory expert testimony.

 

 

Prosecution Experts:


 

Dr. Brian Blackbourne, MD
San Diego Medical Examiner
Testified that Danielle died between Feb. 1 and Feb. 18.
 

 
Dr. Cyril Wecht, MD*
Forensic Pathologist
Agreed with Blackbourne’s Feb. 1 to Feb. 18 window.

 
Dr. William Rodriguez III, PhD
Forensic Anthropologist
Estimated Danielle died between Jan. 17 and Jan. 31, but pressed by prosecutors, expanded time frame to include Feb. 1 to Feb. 6.
 
Defense Experts:

 
David Faulkner,
Forensic Entomologist
Said insect infestation of Danielle’s body, which can occur within 20 minutes of death, happened Feb. 16 to Feb. 18.
 

 
Dr. Neal Haskell, PhD
Forensic Entomologist
Said infestation occurred Feb. 14 to Feb. 21 and when pressed by the prosecutor said Feb. 12 and 13 were also possible.
 

*
Prosecutors consulted with Wecht, but did not call him as a witness. His findings were discussed during Rodriguez’s testimony.

 



1 posted on 07/28/2002 8:56:22 PM PDT by FresnoDA
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To: spectre
OK, Monday thread..4 minutes early..
2 posted on 07/28/2002 8:57:00 PM PDT by FresnoDA
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To: FresnoDA
Hmmm, reading the transcripts only the hands and face were mummified. The anthropologist shouldn't quit his gubmint job.
8 posted on 07/28/2002 9:28:14 PM PDT by Jaded
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To: FresnoDA
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.

And the body became "extremely mummified" in just 2-3 days? I don't think so! If the body was extremely mummified, the blowflies wouldn't have been attracted to the body. The prosecution simply has no reasonable explanation for even the obvious discrepencies.

16 posted on 07/28/2002 9:57:03 PM PDT by connectthedots
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To: FresnoDA
Wake me up when the insect wars are over. These experts wuldn't know a bug from a germ.

BTW, that photo of Danielle has always creeped me out. She looks so incredibly stressed out with that false smile and rigid little shoulders. I think the poor kid lived under horrible stress and would not put molestation or anything else past her parents.

Contrast her near-grimace of a smile with radiant little Samantha Runnion's and you see the difference between a truly loved child and a child who isn't getting what she needs to be happy. Needed. God rest both their innocent souls.
21 posted on 07/28/2002 10:03:16 PM PDT by PoisedWoman
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To: FresnoDA
"...even though in our society we are free to engage in any lifestyle we want, it doesn’t mean that we’re free from the consequences of that lifestyle,” Trask added.

Big Ol' "Actions Have Consequences" Bump

31 posted on 07/29/2002 3:48:15 AM PDT by shezza
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To: FresnoDA
Doesn't it seem like the prosecution is shooting itself in the foot with this "discredit-the-witness" tactic? I wonder how many convictions they have notched on their collective belts based heavily upon TOD and PMI, due solely to the opinions and studies of these experts???

And now, by discrediting their own heavily used and heretofore thoroughly respected expert witnesses, they are completely negating any further use-- or at least believability by future jurors when these same guys are called to be witnesses for the prosecution.

By trying too hard to indicate that the interpretation of forensic evidence is highly speculative, subjective to each "expert," hopelessly inexact, and even unscientific, Jeff Dusek has singlehandedly reduced the level of forensic entomology and even forensic anthropology to that of psychic. (Hello, Miss Cleo? When do you think that body was dumped?)

Puzzling, to say the least.

"Victory, at all costs!" (Pfingst's war cry)

34 posted on 07/29/2002 4:13:10 AM PDT by shezza
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To: FresnoDA
(DNA) marker bump.
39 posted on 07/29/2002 6:31:45 AM PDT by bvw
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To: FresnoDA
Looking for non-ad hominem comments regarding a scenario that would fit the evidence assuming Westerfield did it. FWIW, I call the innocent theory the goldilocks theory and the guilty one the "big bad wolf" theory.

I wanted to see how much time it would take working backwords from sunrise for Westerfield to accomplish dumping of the body, as follows.

5 minutes = assumes he enters house, abducts Danielle returns home and puts her in auto.

21 minutes=assume he drives SUV to Sherman's from his home

44 minutes=assume he drives SUV to Dehesa road

2 minutes = assume he dumps body 20 to 26 feet from road.

43 minutes = assume he drives back home

115 minutes total or 2 hours.

If abduction time of 3 am and gets back home before sunrise ='s 6 am, less drive time of 2 hours, then Westerfield would have 1 hour available to rape/kill in RV and be back home before sunrise.

Tight, but doable.

Holes anyone ?

Was he aware of sunrise time and only drove far enough so that he could be back before sunrise ? Interesting that his drop off point would be on a straight line from his home so that it would put him back home by sunrise. Coincidence


No evidence in SUV (taking her to RV and then from RV to dump site).

Ok, but I thought there were some fibers that mathced something in the back ?

Pretty daring/stupid to go to RV (visible from kitchen window). Headlights? Lights on in RV? Noise? Why bother going the RV at all?

According to the testimony by the grandfather/owner, Westerfield at arrived at RV Sat am and no one knew he was there until grandaughter started talking to her. My explanation as to why he went there is because, first I don't think he ever returned home before the abduction because the light in back yard was on. The scenario would be he stops on side street and/or the empty home, enters house, takes girl to auto, then heads to RV. The RV bedroom would be a great place to control and may actually be safer than the homes these folks live in. My guess is the homes in this development were closer than the RV is to the house.

So, he arrives near the RV. He turns out lights as he gets close. He covers girls mouth and/or stuffs somthing in it. He takes her in RV, rapes her, suffocates her, the he removes her to his SUV and dumps her in a place that is as far away as he dares drive so he can be back home by sunrise.



Comments on timeline in general:
Another problem is if he went to get the RV at 7:00am or so is what did he do with her? Leave her in his house? Take her in daylight to RV storage spot? She would have still had to been alive to put the fingerprints in the RV.

You missed the scenario. He only takes her to RV long enough for sex and killing. After that he drives her to DehesaDW could definitely get on Keith's property undetected, but moving the MH is a different matter. Then, why would he return it in the wee hours then come back for it a couple hours later------Wait--cover-up and alibi? But that still doesn't give him much time.

I must not have been clear. I don't think he moved the RV at all. Sequence = Abductuct to SUV to RV to SUV to Dehesa to Home.

If Westerfield did this he did it within a short period of time (as most sexual assaults are) and he didn't have possession of her or her body for any length of time. He is too anal to have a body around and the passion that motivated him to abduct her and kill her would have played out in a short few hours.

I also think the RV would have been a safer and less obvious spot then for him to take her to his home where if it was found she was missing he might get caught from a house to house immediately after.

The natural reaction would be to run and hide with the girl. So, he runs and hides with her at the RV storage place.


One thing to add to my all night scenario. I just found on this page of statement with Westerfield that he said he didn't remember getting home, that's how bad it was.

I find this interesting in two ways. First, if he was that drunk he wouldn't have likely gotten up so early.

Second, it might have been the truth. He may not have been home until the AM. Because the back light was on from at least 10-11 pm and still on at 2-3 am its not likely he came home.

If not, then assuming he abducted her he may not even hve parked his auto at home. It could have been on side street that divides them or in empty house's lot.



148 posted on 07/29/2002 11:22:05 AM PDT by VRWC_minion
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