It was like the defense was trying to deflect attention away from DW by pointing to other people in the household who had access to the computerWell, someone else in the house WAS accessing the computer...porn sites...5 of the images shown to the jury came off of Neils computer.
DW was in custody of the SDPD when the computer was being accessed..the porn site Pinkforfree was being accessed while DW was with the SDPD.
See Markus Lawson transcript on July 3..am for a complete breakdown if you have not read it.
Not sure you are correct. They specifically said "something" was viewed ON the computer. They weren't surfing.
http://video.uniontrib.com/news/metro/danielle/transcripts/20020625-9999-pm2.html
18 Q. I'M ASKING YOU WHETHER OR NOT, IF YOU EXAMINED THE
19 COMPUTERS YOU COULD TELL ME WHETHER OR NOT ON FEBRUARY THE 4TH,
20 WHEN DAVID WESTERFIELD WAS DOWNTOWN SPEAKING TO PAUL REDDEN,
21 WHETHER THERE WAS SOMEONE USING THE COMPUTER.
22 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE.
snip
6 Q. SIR, DIRECTING YOUR ATTENTION TO 4:47 P.M. ON7 FEBRUARY THE 4TH, 2002, WERE YOU UTILIZING ANY OF THE COMPUTERS8 IN THE WESTERFIELD HOUSE TO DO ANY SURFING?
9 A. I WAS NOT SUMMONED ON FEBRUARY 4TH -- THAT WOULD BE
10 A MONDAY.
11 Q. YES.12 A. I WAS NOT SUMMONED TO THE SCENE UNTIL 9:00 P.M.
SNIP
8 Q. DIRECTING YOUR ATTENTION TO 142A, THIS APPEARS TO
9 BE A SCREEN CAPTURE THAT INDICATES IT WAS LAST WRITTEN FEBRUARY
10 THE 4TH, 2002 AT 4:47 P.M. DOES IT NOT?
11 A. YES, SIR.
12 Q. AND IT INDICATES THAT APPARENTLY A JPEG WAS13 DOWNLOADED; IS THAT CORRECT?
14 A. IT WAS NOT DOWNLOADED, SIR. IT WAS VIEWED.
15 Q. OKAY.
16 IN OTHER WORDS, THE COMPUTER THAT WAS IN
17 WESTERFIELD'S OFFICE AT 4:47 P.M. ON FEBRUARY THE 4TH, 2002,
18 SOMEBODY VIEWED SOMETHING?
19 A. YES, SIR.