Expect to hear more evidence about insects as the David Westerfield trial enters what could be the final week of testimony before jury deliberations. Posted on 07/28/2002 8:56:21 PM PDT by FresnoDA
By Alex Roth
UNION-TRIBUNE STAFF WRITER
July 28, 2002
Expect to hear more evidence about insects as the David Westerfield trial enters what could be the final week of testimony before jury deliberations.
On Tuesday, prosecutors are scheduled to call Dr. M. Lee Goff of the University of Hawaii as their final rebuttal witness in a trial that has lasted 23 court days. Goff is a forensic entomologist and the author of "A Fly for the Prosecution: How Insect Evidence Helps Solve Crimes."
Whether Goff will be the final insect expert in the case – jurors have already heard from three witnesses with expert opinions about the behavior of insects on human remains – is unclear. Westerfield's lawyers have said they will take at least a day to present evidence to rebut the prosecution's rebuttal.
The trial will not be in session tomorrow because the lawyers and judge are scheduled to hash out the legal instructions that will be read to the jury after the close of testimony. The instructions guide jurors on the law to be applied in the case.
Given the time estimates of the lawyers, it seems likely that closing statements won't come until Thursday, or the following Monday at the earliest. So far there haven't been any Friday sessions in which the jury was present to hear testimony. The judge said the jury will deliberate Mondays through Fridays.
As the case winds down, the battle of the insect experts has emerged as perhaps the final arena in the murder trial. Westerfield's lawyers say the insects found on 7-year-old Danielle van Dam's body prove that it couldn't have been dumped until after Westerfield was under 24-hour police surveillance.
Danielle was reported missing from her home Feb. 2, and her body was found by volunteer searchers Feb. 27 in a remote area off Dehesa Road near the Singing Hills Golf Course in El Cajon.
The defense called two entomologists who testified about blowflies on the girl's body. Westerfield's lawyers say the experts' testimony proves that the remains couldn't have been dumped until mid-February. Westerfield was under constant police surveillance beginning Feb. 5.
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.
Westerfield, a self-employed design engineer who lived two doors from the van Dams in Sabre Springs, is accused of kidnapping and killing Danielle. He is also accused of possession of child pornography, which the prosecution claims shows that he had a sexual interest in girls.
Prosecutors said the pornography – some of it depicting violent sexual attacks against young girls – was found on Westerfield's computers and on computer disks stored on his office bookshelf.
In a trial of numerous shifts in momentum, legal experts say prosecutors scored a significant blow last week by calling Westerfield's son as a witness. Neal Westerfield, now 19, testified that the computer child pornography in the house was his father's, not his.
Earlier in the trial, the defense presented a computer expert who testified that Neal Westerfield might have been the person who downloaded some of the pornography.
"This is a young man who clearly cares about his dad and has a good relationship with him, so he has no reason to say anything bad," said Peter Liss, a Vista criminal defense lawyer. "He was just truthful."
In this respect, the defense's strategy of trying to blame the son for the child pornography in the house appears to have backfired. Criminal defense lawyer Robert Grimes said the jury is likely to view Neal Westerfield as "basically a nice young college kid" who testified honestly.
Westerfield's lawyers chose not to cross-examine his son. They will indicate this week whether they will call any witnesses to try to refute his testimony.
Could they tell when the deletion occurred? I can't recall, but DW was busy at his computer Monday 2/4 according to himself.
Well, I do have an orange trimline phone in my bedroom with a DIAL. Before anyone goes EEEK, I have a SW theme in that room, with comforter a dusky denim blue and the accent colors gold orange. It looks better than it sounds.
As an aside, my daughter rarely has reason to use my bedroom phone, but one day recently she was in there with me as I was folding laundry and wanted to call a friend. I told her she could use that phone. She picked it up and was flummoxed by the dial!
Was it presented as fact to the jury? I am honestly asking to be pointed in the direction of search dog testimony. Thanks!
(P.S. VRWC_minion's theory is DW was in the house and out right away, which is what I have always thought, too. The less time someone is present, the less time the leave a scent that would be detected later)
I haven't seen anywhere it was presented to the jury. What I am saying very clearly is: Had the scent dog hit(Dw's scent) then it would have been reported and believed by everyone. When there was no hit it was never mentioned again. At least as far as I can find.
Good Luck, maybe you can find reference to it being acknowledged there was no hit.
TRUE, NOT TRUE, Who knows. Why the specific to a PAINTBALL ARCADE and that the girlfriend had a young 'son'?
If Damon did go, then it could explain a .22 casing being stuck in his shoe, and then coming out the next day.
For those that say Damon was home all evening as he said he was, why didn't he know were Brenda was when Barb/Denise showed up? His testimony as to where she was if different than Brenda's, Barb's, or Denise's.
The only reference I did find was the Dulaney testimony I posted saying some tape lifts from the MH did have orange fibers.
No need for the flame-proof suit, though. I cannot be provoked. Sort of. Well, not easily. Most of the time.
My reason for asking....Wondering about the blue paint found under Danielle's finger nails. Paintball paint?
That's the first explanation I've seen for the paint that actually makes sense.
Thanks Steve
Thank you for replying though, even if I wasn't addressing you.
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