Posted on 08/16/2002 6:39:20 AM PDT by FresnoDA
It might. But personally, I expect the jury to concentrate on the kidnap/murder, and treat the child porn as an extra charge. If they find him innocent of the kidnap/murder, they'll probably find him innocent of the porn too, just as a slap in the DAs face. If they find him guilty, they'll probably through in the porn too, since it's hardly worth arguing about at that point.
So, in the end, I don't think the porn will weigh heavily. Of course, I note they have called to examine the evidence, so maybe I'm just engaging in wishful thinking.
Drew Garrett
That might be bad news for Westerfield. Assuming that the all think he is guilty and the defense asked them to look at specific things, I would be sure to do that before my final decision. If however I thought he was innocent I wouldn't need to take a special look at it.
Possible but I would think that if the bug evidence was a slam dunk then why bother with the fibers or at the very least review the bugs first.
We'll be there...give it time.
sw
What did Dusek ask them to look at? I thought he was just telling them to use their imaginations, go along with peer pressure, and hang DW themselves...
Drew Garrett
While both Faulkner and Haskell said that yes, flies would take advange of openings created by coyotes to lay eggs, both always mentioned the urogenital or vaginal areas as also being a prime egg-laying site when answering that question. Haskell further stated that if, for some reason, the coyotes waited two weeks to "open up" the body, the newly-exposed underlying organs/tissues would be too decomposed at that stage to be attractive to flies as an egg-laying site. Haskell also said it would be strange for coyotes to wait so long to feed on the body, as a mummified body in such an advanced state would not be so attractive to them. Coyotes normally go for a fresh body.
Conclusion: In the unlikely event, that for some strange reason, both coyotes and flies were not attracted to the body for some two weeks, and then coyotes came and "opened up" the body at that point, there would have been no blow fly larvae in the body at all -- the flies would not have laid eggs in a body whose external areas were mummified and whose internal regions were in such an advanced stage of decomposition. Only cheese skippers and the like would have been attracted at that point, not blow flies.
This is the part of Haskell's testimonly I find EXTREMELY compelling:
Haskell: I'VE SEEN THE GREEN BOTTLE FLY PHAENICIA SERICATA AND ANOTHER SPECIES RELATIVE OF THAT GREEN BOTTLE FLY, THEY COME IN ALMOST IMMEDIATELY. BUT AFTER THE FIRST DAY OR DAY AND A HALF OF DECOMPOSITION, WE DON'T SEE THEM ANY MORE IN THE ATTRACTABILITY AND THE BLACK BLOW FLY THEN COMES IN AND COLONIZES ON SUCCESSIVE DAYS BY LAYING EGGS. SO, YOU KNOW, THAT FLY, THE GREEN BOTTLE FLY, IS A VERY OPPORTUNISTIC -- HE HAS TO COME IN OR SHE HAS TO COME IN AND GRAB THAT FOOD RESOURCE IMMEDIATELY. THAT'S HER SURVIVABILITY FOR HER OFFSPRING. AND AFTER A PASSAGE OF TIME, I WOULD NOT HAVE EXPECTED PHAENICIA SERICATA TO HAVE BEEN THERE IF THE BODY HAD EXPERIENCED MUCH DECOMPOSITION AT ALL.
Q: AND YOU DID FIND PHAENICIA SERICATA THERE, DIDN'T YOU?
A: DR. FAULKNER DID OR DAVID FAULKNER DID.
Q:SO THAT'S INCONSISTENT WITH THE NOTION THAT THE BODY WOULD HAVE BEEN DEPOSITED SAY ON FEBRUARY 4TH OR FEBRUARY 3RD OR FEBRUARY 2ND, IS THAT RIGHT?
A ABSOLUTELY.
Taa Daa!!! The body had not decomposed past 36 hours when the green bottle flies laid eggs in it. There were maggots of this green bottle fly present in the body at autopsy. THIS IS THE CLINCHER! I doesn't matter what any ants or coyotes did or didn't do -- if the body had been older than 36 hours when first accessible to insects, THERE WOULD HAVE NO LAVAE of this fly!!! (I suppose freezing/cold storage of the body could be argued, but it certainly couldn't have been placed there by DW in any case.)
That could be true if they don't think it's a motive. If it is child porn, and i have no reason to believe it isn't at this point..it would be a travesty to let that charge go--even if they find him innocent of murder.
I was visited by federal agents and I never said a word, I only nodded my head no that I wouldn't answer questions. I also had a witness sit with me and take notes. I asked her to make a summary of what was said.
Then I hired a lawyer. He was shocked (and thrilled) I never said a word. Even though I was innocent I could have been targeted.
We -- a Free people seeking the Blessings of Liberty have chosen -- by necessity of securing those blessings and keeping our freedom -- "Presumption of Innocence"!
Good point.
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