Prosecution witness challenges findings of defense 'bug expert'
Posted on 07/30/2002 3:58:51 PM PDT by FresnoDA
Prosecution witness challenges findings of defense 'bug expert'
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July 30, 2002
M. Lee Goff, an entomologist and chairman of the Forensic Sciences Department of Chaminade University in Honolulu, said his review of the crime scene photos, morgue photos, weather reports and other evidence suggest that Danielle's body was exposed to insects as early as Feb. 1 and no later than Feb. 14.
"We're working on an estimate. We're not running a stopwatch here," Goff said. The defense has contended that there was no way Westerfield could have placed the victim's body where it was found in the East County community of Dehesa, because he was under close surveillance by police beginning Feb. 5. Goff was called to the stand to rebut testimony from two forensic entomologists called by the defense who testified that Danielle's body could not have been exposed to insects any earlier than mid-February, nearly two weeks after Westerfield came under police surveillance. Westerfield could face the death penalty if convicted of the kidnap and murder of Danielle. He also has been charged with possession of child pornography. Danielle was reported missing from her family's Sabre Springs home on Feb. 2. Her body was found in a wooded area near El Cajon on Feb. 27 after a massive search drew national attention. Westerfield, who lived two doors down from the van Dams, became an early suspect in her disappearance.
Insect evidenceWhen Danielle's naked body was found, investigators took extensive photos of it and its surroundings, then put bags over her head, feet and hands and wrapped the body in a sheet to preserve any evidence.Law enforcement officials called in forensic entomologist David Faulker to study the signs of insect infestation on the body to try to gauge when Danielle had died. But lead defense attorney Steven Feldman argued in his opening statement that scientific evidence would prove his client could not have killed Danielle. As it turned out, the prosecution never called Faulker to the stand and he was called by Feldman as a defense witness. Early in the trial, San Diego County Medical Examiner Brian Blackbourne testified that the girl could have been dead from 10 days to six weeks when her body was found. Faulkner testified July 10 that his analysis of the life cycles of the insects found on Danielle's body showed it wasn't available to insects until sometime between Feb. 16 and 18. On July 22, a second defense expert, Dr. Neal Haskell, testified that Danielle's body couldn't have been exposed to flies any earlier than Feb. 12.
Insect rebuttalProsecutors began rebutting the defense insect evidence on Thursday by calling Dr. William C. Rodriguez III, a forensic anthropologist for the Department of Defense, who testified that Danielle's body was in "an advanced state of mummification" that would have delayed insect infestation.On Tuesday, Goff reiterated testimony about insect lifecycles presented by the previous experts: You can calculate how long a body has been exposed to the elements by gauging the age of the maggots – fly larvae – growing on the body. Flies are quickly drawn to dead bodies and will lay batches of eggs on them. The development of the eggs into different stages of larvae and adult flies is then affected by temperature, humidity and other environmental factors. Using charts of known development rates, a forensic entomologist can look at the age of maggots found on a body and, factoring in the weather, can calculate when the eggs they hatched from had been laid. Generally, the warmer the weather, the faster the insects develop. Goff, author of "A Fly for the Prosecution: How Insects Help Solve Crimes," said he calculated the "post-mortem interval" date from the maggots on Danielle's body using temperature records and charts from a 2000 fly study. He said Faulkner appeared to have made his calculations using a chart of insect development from a study that used 80-degree temperatures, far higher than the rates in the San Diego mountains in February. Haskell appeared to have calculated his dates assuming that the activity of the "maggot mass" on the body would have raised the temperature of the mass, speeding up their development. In both cases, Goff said, the other entomologists estimated that the maggots would have developed much faster than he did, giving a much later date for the exposure of Danielle's body to the elements. Goff was scheduled to resume testifying – and to face cross-examination by the defense – after a lunch break.
Fiber evidence
A series of shirts and other orange-colored items brought to the San Diego Police Department crime lab were made from either nylon, cotton or a polyester-cotton blend, criminalist Tanya DuLaney testified. "Did the fabric of any of these items consist of acrylic in any manner?" assistant prosecutor Woody Clarke asked. "No," DuLaney replied. Prosecutors called DuLaney back to the stand in response to defense suggestions that investigators could have inadvertently cross-contaminated the two crime scenes with the orange acrylic fibers, which became a key piece of prosecutor evidence linking Westerfield with Danielle's body. On June 25, police criminalist Jennifer Shen testified that an orange acrylic fiber tangled in Danielle's plastic necklace at the time her body was found was similar to orange acrylic fibers found in laundry inside Westerfield's home and on bedding in his bedroom. On July 24, lead defense attorney Steven Feldman introduced into evidence several still images from television that showed police investigators wearing orange or orangish shirts as they entered and left Westerfield's house on Feb. 4 or 5. In response, the district attorney's office identified all of the police and search-and-rescue personnel shown in the photos, collected anything orange-colored they were wearing at the time and gave the clothing to the crime lab. That evidence consister of two orange long-sleeved shirts, an orange short-sleeved shirt, four reddish polo shirts, an orange rope, an orange strap, a black-and-red backpack, an orange hat and an orange dog vest, DuLaney said. Under microscopic and infrared examination, none of the fibers taken from those items contained any acrylic material, DuLaney said.
Trial's end in sightAt the start of today's session, Superior Court Judge William Mudd told jurors that there will be no testimony on Wednesday, but that testimony will resume Thursday and could conclude on Monday."It appears to me that next week you'll hear closing arguments and be in deliberations," Mudd said. The judge said that he had not yet decided whether to sequester the jurors during deliberations. Mudd also warned jurors not to read or view any material about the Westerfield case or the Orange County kidnap-murder of Samantha Runnion, in which the girl's mother blamed a previous jury for failing to convict her daughter's accused murdered in a previous sexual abuse case. "The fact is the case is not similar in any way, shape or form," Mudd said. |
I can't find the quote from what I heard on tv. He specifically said on the tape (tv mind you) that it was a spur of the moment. I went throught the transcripts 3 times and can't find it. It has to be on the missing page. Is there another source for his statement?
It was obviously planned, cuz according to neal's testimony, dw told neal to not show up until monday cuz dw himself was going to be on a road trip.. (remember, that's according to neal's testimony)
Ucansee, tis ok
Not necessarily interrupts.
Hours of the interview were redacted into the 45 minute tape played for the jury.
Here is Dusek asking the judge to so instruct the jury so they realize this:
MR. DUSEK: AND, FINALLY, HAVING LISTENED TO THE TAPE, I BELIEVE THE COURT SHOULD MAKE SOME INDICATION TO THE JURY THAT THE TAPE HAS BEEN REDACTED. THERE'S OBVIOUS CHANGES IN THERE, GAPS. AND IT CERTAINLY ENDS WITHOUT A NORMAL FLOW TO THE END. SO I THINK THE JURY SHOULD BE ADVISED THAT NOBODY'S MESSING WITH THE EVIDENCE.
THE COURT: ALL RIGHT.
Neal Westerfield said he was supposed to go to his father's house Sunday night, Feb. 3, but his father told him the week before that "he was going to be out of town that Sunday and to just come over Monday." This piece of testimony seemed to bolster the defense's contention that Westerfield's weekend journey was planned, not a spur-of-the-moment trip as the prosecution has suggested.
Need the entire transcript for DW
Yes, you are right. The day nurse here at the mental hospital didn't give me my valium. Sorry.
:)
Damon "claims" that Libby (and his son) decided that he wanted to go on Sunday, so Damon decided to wait to ride with Libby. Wouldn't that mean the two boys would miss school on Monday??
The reason that I used the term "claims", is because I don't believe ANYTHING that the lying SOB Damon says...he waited 17+ hours before telling LE the truth regarding drug use/sexual perversion AT THEIR HOME.
During those 17+ hours, his daughter was missing, presumed kidnapped, presumed raped and presumed killed.
BUT he didn't think drug use/sexual perversion were important enough to mention to LE as they searched for his daughter.
DAMON is a SLEAZY, LYING, PERVERT.
Actually, my quote was taken out of the original context, which was to quote and mock Nancy Grace when she would report the story...It's not what I believe...trial fans. Just a spoof..ha, ha..
sw
THIS is the reason, I believe, for the major differences in opinion that we have.
I believe when the MEDIA hype comes out and says something (especially during this case) you can assume they took it out of context to make the MOST out of it.
They have repeatedly done so.
DW told police it was a spur of the moment trip.
First, we must know exactly when this statement was made, and where in the conversation it occurred.
A big deal was made by the media and prosecution that DW said "this (the desert) would be a good place to hide a body".
BUT, we don't know exactly when he made this statement, and we don't know what was said to him before that statement.
For all we know, the POLICE said "Hey, what do you think? If You just killed this Danielle, where would you hide the body?"
But, the police didn't tell us what context his statement was in, did they?
I believe if they had, the jig would be up.
The police tell you anything you say can be held against you. What they don't say is that they don't have to tell anyone what they said.
I blame court tv for failing to make sure what it posted on its website was accurate. They did provide a wonderful service, as well as sandiego.com for posting transcripts..but to actually leave an entire page out is just beyond stupid.
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