Evidence On Insects Likely To Continue: (Westerfield Trial "Creeps" Along At An Ant's Pace!)

Union Trib ^ | June 29, 2002 | Alex Roth

[alexandria]

Our lined nylon water-repellent jacket features:
* Reinforced Handwarmer Pockets
* Drawstring Waist and Elastic Cuffs for Added Comfort
* Bold Block "POLICE" Letters Silkscreened on the Back (3" letters) and Front Left Chest (1 1/2" letters)


http://www.qmuniforms.com/police/S48118-9.html#S48118-9

[mommya]

You are right - there are nylon pajamas - seems to be more common for adults than kids - but they are those silky type like you were thinking. That was an interesting find - by the way - where the witness gave the opinion that the blue/gray fibers were from clothing instead of carpeting - good job. See you tomorrow.

[CAPPSMADNESS]

Okay, I have to break my promise to myself NOT to post to these threads......

Have you ever heard the phrase "if you can't blind them with brilliance, then baffle them with Bull s**t? every time I see one of minion's posts - I am reminded of it. Quit trying to reason with him/her. They care nothing of the facts in the case (or they WOULD READ THE TRANSCRIPTS)and thrive on the attention their disruptions cause.....

[CAPPSMADNESS]

"Yep. I'll bet ALL OF US have fibers "similar" to the very same ones they found on/around Danielle. Remember they were only "similar" not a "match".

and that is the scince of fiber analysis - They are never determined to be an exact "match". They are looked at for similarities. The only way to proclaim and "exact match" as far as I have ever read is to analyze the compounds and dyes in the fibers, but to do so destroys the evidence.

[CAPPSMADNESS]

there are somethings too awful to even imagine. The story of this poor 8 month old baby is one of them.

[shezza]

Well, looky heah! Nylon police jacket, reversible ORANGE lining.

[shezza]

And look at this one, too:

Boyt Dog Handlers Vest
Designed and tested by some of the country's most experienced dog trainers, the dog handlers vest is the most innovative hunting specialty vest on the market. Made of soft blaze orange acrylic with mesh back and trimmed with heavy-duty nylon. Inside zippered pockets, front and rear load blood-proof game bag, large bellows pockets with shell loops and an adjustable transmitter holsters that accomodates most transmitters. Gun pads on both shoulders.

180 Frank alert!

[fnord]

There must be some wishful listening going on around here.

Agree with you on that :-)

What the judge actually said was that since the parents had not given permission to someone to have the child, mere 'possession' of the child is considered kidnapping. This means if she wandered into someone's car or MH or house, and they kept 'possession' of her, it is considered kidnapping.

He did not say that such a scenario was impossible, or even implausible. Merely that it made no difference under the law. This kind of legalese is usually lost on most people. Methinks the jury might accept it as a legal fact, but in their hearts and minds some will need to see a connection between kidnapping and murder.

IMO, Dusek must present to the jury a plausible scenario for how DW might have come to have DvD. That he has not done evidentially is indicative of his weak case. His only route to conviction is to discount the counter-evidence (especially bugs) from the defense, and to retreat to his last hope: tiny DNA spots and a hair = he must have murdered her! Ergo, he also must have kidnapped her.

Premature accusation, sloppy (and incomplete) evidence gathering, and inept prosecution have doomed his case. All he can really hope for is at least one 'Palm Beach' type juror to hang the verdict.

[EllaMinnow]

SAN DIEGO — Should jurors be allowed to convict David Westerfield of Danielle van Dam's murder and at the same time acquit him of her kidnapping?

A judge in the case says no, according to his tentative ruling Monday.

Judge William Mudd told defense lawyers who had argued for adding the option that he was highly skeptical that the panel could hold Westerfield responsible for the murder and not the abduction.

"The only way the girl gets into the possession of Mr. Westerfield is by kidnapping," Mudd said. "That's the only way."

"A juror who believes that the prosecution has proven that Mr. Westerfield is the actual killer, but a juror that has some doubts about how the murder happened or how the girl got where she got" should have an alternative to felony murder, Boyce said.

He pointed to testimony by Danielle's father about her occasional sleepwalking and other speculation that she might have walked away from her home during the night and said it was possible she could have been killed without being kidnapped.

"I’m not saying we are relying on those theories but those theories are certainly out there," he said.

But Mudd shook off those arguments, saying in a loud, agitated voice, "The parents have indicated no one had a permission to take the child out of the house. That’s kidnapping."

[fnord]

exactly so.

I think the transcripts will make it even clearer, if/when they come out.

[spectre]

It was the parents themselves, who brought forth the idea that very first day, that the child may have left the house by "sleepwalking".

So we aren't supposed to pay attention to the parents? Judge Mudd must know that the Van Dams Lie.

"If you tell the truth you don't have to remember anything." Do you think the Van Damned have learned this lesson?

sw

[spectre]

Capps, our side has had to reason every argument that has come our way. We have listened, searched and researched to at least try and come up with reasonable answers to their questions. The end all of their reasoning is to to say "it just happened", (never mind "how").

The other side refuses to listen.

"Generally speaking, you aren't learning much when your mouth is moving"...So that would explain why they remain ignorant.

sw

[EllaMinnow]

A theory that "the dog did it" is speculation, not reasoned opinion.

You have made a point of boasting about not listening to prosecution witnesses.

If the prosecution had asked the judge to give the option of second degree murder to the jury, you would have claimed - rightly so - that he knew he had not proven his case of first-degree murder.

But the prosecution did not - the defense did.

So when it is the defense asking that the jurors be given the option of second degree murder, it can be reasonably inferred that the defense believes the prosecution has proven murder, and they are trying to save their client from a first-degree murder verdict. Very understandably - that is their job.

huggzzzz, Mrs. Spectre...I'm off to take my children to the dentist!

[VRWC_minion]

Note: Police uniforms are unlikely,imo, to be made of nylon. But pj's would.

I don't get the alternate theories on how one source was transfered to both Westerfield and Danielle. Danielle didn't have contact with any of the Dad's patrons and Westerfield (according to him) showered and changed his clothes before going to the RV.

[spectre]

"You have made a point of boasting about not listening to prosecution witnessess"..

Go no further, dipstick...That statement is a total fabrication. PROVE IT, or shut up.

sw

[Jaded]

I find it hard to believe that she came in contact with that fiber near tod.

[VRWC_minion]

Have you ever heard the phrase "if you can't blind them with brilliance, then baffle them with Bull s**t? every time I see one of minion's posts - I am reminded of it

Would you be kind enough to point to where my speculation contradicts evidence, thanks in advance.

[Jaded]

The dogs DID NOT HIT on the RV either. Seems unlikely that she was in the SUV that weekend dead, alive or otherwise.

[Jaded]

Oh Kimmie, I have one it's under evidence.

Stealth Ninja Dave

[Jaded]

Brenda doesn't even remember if she was in the kitchen, shower or outside playing boo.