Jury Vets Say Emotions Can Take Over: Van Dam's Sexual Lifestyle Comes To The For Front(8-18-02)

Union Trib ^ | August 18, 2002 | Kristen Green

[ChipShot]

Warning! This is my first post. I have been lurking since Quidam was tempting everyone here with predictions back during Impeachment, but have never posted. However, I have not seen this point brought out since we heard that the jury has asked for Dr. Blackbourne's testimony.

I will summarize and then try to post the transcript below. During Feldman's cross-examination Dr. Blackbourne admits that he was not provided with any weather or temperature data for the time that he based his 10-day to 6-week timeframe on and that he did NOT take temperature into consideration at all!!!! Furthermore, when Feldman asks him if there were "Santa Anna" conditions during the time period in question, would that affect his findings?

Answer: Yes, he admits that higher temps. lead to faster decomposition and yet he did not use temps to determine his time of death estimate.

If CAPPSMADNESS , wonders or anyone else with some knowledge of how this type of work is done, would let us know if it seems reasonable to estimate time of death without some type of temp. data. It makes sense to me that it would be critical information. The bacteria that aid in decomposition grow faster in warmer temps, just like the bugs, don't they?

And I believe in the Faulkner testimony (also asked for by the jury) he outlines the very high (for Feb.) temps. for the dates in question.

snip

Q: AND IT TURNS OUT THAT WITH REGARD TO THE DECOMPOSITION PROCESS, THE HOTTER IT IS, THE QUICKER THE BODY DECOMPOSES, ISN'T THAT CORRECT?

A: THAT'S CORRECT.

Q: HAVE YOU BEEN PROVIDED WITH THE WEATHER CHARTS OF THE RECOVERY SCENE FROM WE'LL SAY FEBRUARY THE 1ST TO FEBRUARY THE 28TH?

A: NO, I HAVE NOT.

Q: SO YOU'RE NOT IN A POSITION TO RENDER AN OPINION AS TO WHAT EFFECT, IF ANY, THE TEMPERATURE MAY HAVE HAD TO ACCELERATE OR DECELERATE THE DECOMPOSITION PROCESS, CORRECT?

A: I DON'T HAVE THOSE SPECIFIC TEMPERATURES, NO.

Q: AND WITH REGARD TO THE ISSUE OF EXTERNAL TEMPERATURE, THAT'S A VERY IMPORTANT FACT IN ASCERTAINING DECOMPOSITION RATE, ISN'T THAT TRUE?

A: IT IS.

Q: BECAUSE THE HOTTER IT IS, THE FASTER THE BODY DECOMPOSES, CORRECT?

A: CORRECT.

snip

Q: OKAY.NOW, YOU USED THE WORD PUTREFACTION PROCESS. THAT'S ONE OF THE EARLY STAGES OF THE DECOMPOSITION PRACTICE -- I'M SORRY -- ONE OF THE EARLY STAGES OF THE DECOMPOSITION PROCESS WHERE THE ANAEROBIC BACTERIA OF THE INTESTINES START TO GET OUT INTO THE BODY, CORRECT?

A: CORRECT.

Q: BUT THE BODY CONTINUES TO DETERIORATE AS THOSE ANAEROBIC BACTERIA SPREAD THROUGHOUT, ISN'T THAT TRUE?

A: YES.

Q: AND THE ACCELERATION OF THE ANAEROBIC BACTERIA CAN ACCELERATE THE PROCESS OF DECOMPOSITION, CORRECT?

A: YES.

Q: NOW, YOU JUST TOLD THE JURY THAT YOU THOUGHT TEN DAYS TO TWO WEEKS OR SOME PERIOD OF WEEKS WOULD BE A REASONABLE ESTIMATE FOR TIME OF DEATH.

MR. DUSEK: OBJECTION. MISSTATES THE TIME PERIOD. THE COURT: AS TO THE TIME PERIOD, IT'S INCORRECT. REPHRASE THE QUESTION./ / /

BY MR. FELDMAN:Q: TEN DAYS TO SIX WEEKS.

A: YES.

Q: LET'S TALK ABOUT THE WEATHER FOR A MOMENT. ASSUME HYPOTHETICALLY THAT THERE WAS A SANTA ANA CONDITION IN SAN DIEGO DURING THE WEEK OF THE 27TH OF FEBRUARY. OR LET'S FOCUS IT MORE SPECIFICALLY. ASSUME THAT THERE WAS A SANTA ANA CONDITION BETWEEN THE 16TH OF FEBRUARY AND THE 27TH OF FEBRUARY. MIGHT THE EXISTENCE OF THAT SANTA ANA CONDITION ACCELERATE THE DECOMPOSITION PROCESS?

MR. DUSEK: OBJECTION. IT'S VAGUE AS TO WHAT A SANTA ANA IS AND TEMPERATURES.

THE COURT: WELL, DOCTOR, DO YOU UNDERSTAND THE QUESTION?

THE WITNESS: YES, SIR.

THE COURT: YOU MAY ANSWER.

THE WITNESS: THAT CERTAINLY WOULD PLAY A PROCESS IN THE DECOMPOSITION, IF THE TEMPERATURES WERE EXCEEDINGLY HIGH.

snip

Q: AND I WANT TO JUST PUSH A LITTLE BIT. I WANT TO MOVE BACK JUST FOR A MOMENT WITH REGARD TO YOUR ESTIMATE OF TEN DAYS.

A: YES.

Q: OKAY.YOU SAID AS I GUESS, HOWEVER YOU WANT TO CHARACTERIZE IT, AT ONE END, OKAY, AS TO TIME OF DEATH. THAT TEN-DAY PERIOD. ACTUALLY IF THE WEATHER WAS SUCH AS TO BE HOT ENOUGH, THE TEN-DAY PERIOD COULD HAVE BECOME EIGHT OR SEVEN DAYS, COULDN'T IT?

A: WITH EXTREME TEMPERATURE AND HUMIDITY, THAT MINIMUM TIME COULD BE A LITTLE BIT LOWER. BUT I DON'T BELIEVE WE'VE HAD THOSE EXTREMES IN TEMPERATURE IN SAN DIEGO.

Q: OF COURSE YOU WEREN'T PROVIDED WITH THE WEATHER REPORTS, WERE YOU?

A: I WAS NOT.

Q: AND SO YOU'RE UNAWARE AS TO WHETHER OR NOT THE FEBRUARY WEATHER CONDITIONS WERE SIGNIFICANTLY DIFFERENT THAN THEY HAD BEEN PREVIOUSLY IN OUR COUNTY, CORRECT?

A: I DID NOT SEE THE WEATHER REPORTS.

Q: SO NOW IS IT YOUR PROFESSIONAL OPINION THAT DANIELLE VAN DAM COULD HAVE BEEN ALIVE ON FEBRUARY THE 6TH, 2002?

A: FROM JUST EXAMINING THE BODY, SHE COULD HAVE BEEN, YES.

Q: FEBRUARY THE 7TH.

A: YES.

Q: FEBRUARY THE 17TH.

A: POSSIBLY. YES.

Q: DEPENDING ON THE WEATHER CONDITIONS, FEBRUARY THE 22ND.

A: I BELIEVE THAT'S PUSHING IT A LITTLE BEYOND WHICH I CAN ACCEPT.

Q: WITHOUT REFERENCE TO THE WEATHER.

A: EXTREME WEATHER CONDITIONS.

MR. FELDMAN: NO FURTHER QUESTIONS. THANK YOU

[CAPPSMADNESS]

For a first post - that was a DOOZIE!! Kudos to you and Welcome to the land of smoke and mirrors! Sit back, light up and have the waitress bring you one of those nice umbrella drinks!

And no, from my experience you cannot estimate TOD without all factors associated with the victim/location in play. And weather is one of the biggies.

Hot weather increses decomposition while cold weather retards it somewhat. Humidity plays a factor also. Not to mention the victims overall health at TOD and manner of death.

anyone else wish to elaborate?

[demsux]

Hey capps,

What if a body were to be buried in snow (like at Big Bear)?

Would it dehydrate, would it "freezer burn", would it decompose?

[CAPPSMADNESS]

http://www.umass.edu/ent/forensic/Sarah.htm

here's some info on how weather affects decomposition


hope this works!

[CAPPSMADNESS]

http://www.rcmp-learning.org/docs/ecdd0030.htm

And another very good link involving forensic entomology

a very detailed report especially when it comes to weather conditions, maggot masses and and whether or not wrapping a body will retard insect activity.

[GoRepGo]

and what about the fireworks?? I want fireworks!

what about a small flame?????

with all the smoke in here, I don't think you would notice any fireworks or flames!! periodically I'll be checking in on ya'll, my asthma doesn't let me stay long in the smokey backroom:-/

[The Other Harry]

Warning! This is my first post. I have been lurking since Quidam was tempting everyone here with predictions back during Impeachment, but have never posted...

Then bite me.

Other than that, that was a great first post. I even think you've got a point there.

[Southflanknorthpawsis]

We could borrow from some very old Saturday Night Live segments--"Jane, you ignorant slut!" (Anyone remember that?)

Yes !!!!!!!!! Wasn't it Dan Akroyd with Jane Curtin and called "Point Counterpoint"?

[Southflanknorthpawsis]

We could borrow from some very old Saturday Night Live segments--"Jane, you ignorant slut!" (Anyone remember that?)

Yes !!!!!!!!! Wasn't it Dan Akroyd with Jane Curtin and called "Point Counterpoint"?

[Southflanknorthpawsis]

We could borrow from some very old Saturday Night Live segments--"Jane, you ignorant slut!" (Anyone remember that?)

Yes !!!!!!!!! Wasn't it Dan Akroyd with Jane Curtin and called "Point Counterpoint"?

[Southflanknorthpawsis]

Oops........Pardon my stuttering.

[BARLF]

Thanks Fres for the ping and for every thread you have given us throughout this case. What would we have done without you! Much appreciated.

ChipShot.......What took you so long? And welcome. Great post,please stay.

[demsux]

bookmark

[Jaded]

GREAT HTMLing, Miz. Now I have something else to strive for. Gee, catching up with all of you is going to be hard.

[BARLF]

Goodnight Dem

[afraidfortherepublic]

Ping, from the Smokey Back Room..) ) )Does that mean that everybody is going to be insulting?

[FresnoDA]

Eww...good find Mommya...

[mommya]

Thanks Fres - have you been lurking on the other thread? I posted something over there relating to Anette Peer earlier.

[mommya]

Hey - I got pulled - and the links to the nasty stuff didn't even work.