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Van Dam Case Witness Challenges Findings Of Defense 'Bug Expert': But...His Testimony Don't Add Up..
Union Tribune ^ | July 31, 2002 | Jeff Dillion

Posted on 07/30/2002 3:58:51 PM PDT by FresnoDA

Prosecution witness challenges findings of defense 'bug expert'



SIGNONSANDIEGO

July 30, 2002


Union-Tribune
Dr. M. Lee Goff
An insect expert testifying for the prosecution in the David Westerfield case said Tuesday that flies appeared to have colonized Danielle van Dam's body sometime between Feb. 1 and Feb. 14, far earlier than defense witnesses have estimated.

M. Lee Goff, an entomologist and chairman of the Forensic Sciences Department of Chaminade University in Honolulu, said his review of the crime scene photos, morgue photos, weather reports and other evidence suggest that Danielle's body was exposed to insects as early as Feb. 1 and no later than Feb. 14.

 


  • Judge says sequestering of jury possible
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  • SDPD detective Maura Parkga says she was actually wearing a red shirt while inside the Westerfield home.
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  • Dr. Lee Goff says, using Singing Hills weather data, testifies that Danielle's body was dumped at the Dehesa site between Feb. 2 and Feb. 12.
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  • Goff says data assumptions used by Haskell would create a shorter timeline for Danielle's post-mortem interval.
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  • Goff says flies don't lay eggs on dry tissue.
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"We're working on an estimate. We're not running a stopwatch here," Goff said.

The defense has contended that there was no way Westerfield could have placed the victim's body where it was found in the East County community of Dehesa, because he was under close surveillance by police beginning Feb. 5.

Goff was called to the stand to rebut testimony from two forensic entomologists called by the defense who testified that Danielle's body could not have been exposed to insects any earlier than mid-February, nearly two weeks after Westerfield came under police surveillance.

Westerfield could face the death penalty if convicted of the kidnap and murder of Danielle. He also has been charged with possession of child pornography.

Danielle was reported missing from her family's Sabre Springs home on Feb. 2. Her body was found in a wooded area near El Cajon on Feb. 27 after a massive search drew national attention.

Westerfield, who lived two doors down from the van Dams, became an early suspect in her disappearance.

 

Insect evidence

When Danielle's naked body was found, investigators took extensive photos of it and its surroundings, then put bags over her head, feet and hands and wrapped the body in a sheet to preserve any evidence.

Law enforcement officials called in forensic entomologist David Faulker to study the signs of insect infestation on the body to try to gauge when Danielle had died.

But lead defense attorney Steven Feldman argued in his opening statement that scientific evidence would prove his client could not have killed Danielle. As it turned out, the prosecution never called Faulker to the stand and he was called by Feldman as a defense witness.

Early in the trial, San Diego County Medical Examiner Brian Blackbourne testified that the girl could have been dead from 10 days to six weeks when her body was found.

Faulkner testified July 10 that his analysis of the life cycles of the insects found on Danielle's body showed it wasn't available to insects until sometime between Feb. 16 and 18.

On July 22, a second defense expert, Dr. Neal Haskell, testified that Danielle's body couldn't have been exposed to flies any earlier than Feb. 12.

 

Insect rebuttal

Prosecutors began rebutting the defense insect evidence on Thursday by calling Dr. William C. Rodriguez III, a forensic anthropologist for the Department of Defense, who testified that Danielle's body was in "an advanced state of mummification" that would have delayed insect infestation.

On Tuesday, Goff reiterated testimony about insect lifecycles presented by the previous experts: You can calculate how long a body has been exposed to the elements by gauging the age of the maggots – fly larvae – growing on the body.

Flies are quickly drawn to dead bodies and will lay batches of eggs on them. The development of the eggs into different stages of larvae and adult flies is then affected by temperature, humidity and other environmental factors.

Using charts of known development rates, a forensic entomologist can look at the age of maggots found on a body and, factoring in the weather, can calculate when the eggs they hatched from had been laid. Generally, the warmer the weather, the faster the insects develop.

Goff, author of "A Fly for the Prosecution: How Insects Help Solve Crimes," said he calculated the "post-mortem interval" date from the maggots on Danielle's body using temperature records and charts from a 2000 fly study.

He said Faulkner appeared to have made his calculations using a chart of insect development from a study that used 80-degree temperatures, far higher than the rates in the San Diego mountains in February.

Haskell appeared to have calculated his dates assuming that the activity of the "maggot mass" on the body would have raised the temperature of the mass, speeding up their development.

In both cases, Goff said, the other entomologists estimated that the maggots would have developed much faster than he did, giving a much later date for the exposure of Danielle's body to the elements.

Goff was scheduled to resume testifying – and to face cross-examination by the defense – after a lunch break.

 

Fiber evidence


DAN TREVAN / Union-Tribune
San Diego Police Department Detective Maura Parga testifies during the trial of David Westerfield Tuesday.
None of the orange shirts worn by the investigators who searched David Westerfield's house after the disappearance of Danielle van Dam could have been the source of the orange acrylic fibers found in Westerfield's laundry and on Danielle's body, a fiber expert said today.

A series of shirts and other orange-colored items brought to the San Diego Police Department crime lab were made from either nylon, cotton or a polyester-cotton blend, criminalist Tanya DuLaney testified.

"Did the fabric of any of these items consist of acrylic in any manner?" assistant prosecutor Woody Clarke asked.

"No," DuLaney replied.

Prosecutors called DuLaney back to the stand in response to defense suggestions that investigators could have inadvertently cross-contaminated the two crime scenes with the orange acrylic fibers, which became a key piece of prosecutor evidence linking Westerfield with Danielle's body.

On June 25, police criminalist Jennifer Shen testified that an orange acrylic fiber tangled in Danielle's plastic necklace at the time her body was found was similar to orange acrylic fibers found in laundry inside Westerfield's home and on bedding in his bedroom.

On July 24, lead defense attorney Steven Feldman introduced into evidence several still images from television that showed police investigators wearing orange or orangish shirts as they entered and left Westerfield's house on Feb. 4 or 5.

In response, the district attorney's office identified all of the police and search-and-rescue personnel shown in the photos, collected anything orange-colored they were wearing at the time and gave the clothing to the crime lab.

That evidence consister of two orange long-sleeved shirts, an orange short-sleeved shirt, four reddish polo shirts, an orange rope, an orange strap, a black-and-red backpack, an orange hat and an orange dog vest, DuLaney said.

Under microscopic and infrared examination, none of the fibers taken from those items contained any acrylic material, DuLaney said.

 

Trial's end in sight

At the start of today's session, Superior Court Judge William Mudd told jurors that there will be no testimony on Wednesday, but that testimony will resume Thursday and could conclude on Monday.

"It appears to me that next week you'll hear closing arguments and be in deliberations," Mudd said.

The judge said that he had not yet decided whether to sequester the jurors during deliberations.

Mudd also warned jurors not to read or view any material about the Westerfield case or the Orange County kidnap-murder of Samantha Runnion, in which the girl's mother blamed a previous jury for failing to convict her daughter's accused murdered in a previous sexual abuse case.

"The fact is the case is not similar in any way, shape or form," Mudd said.



TOPICS: Local News
KEYWORDS: 180frank; crime; danielle; dejackaled; kidnapping; molestation; threadjackals; vandam; westerfield
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To: pinz-n-needlez
We could probably help him out with the missing pj's. Didn't Grandma hold them up at one of the early press conferences?

No, she didn't. Those were Danielle's friend's pj's. They both had been given matching pj's special for a sleepover.

41 posted on 07/30/2002 5:02:00 PM PDT by cyncooper
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To: UCANSEE2
Unlike the pizza box that just wouldn't stay empty! It was like those buckets of water in the Sorcerer's Apprentice! lol
42 posted on 07/30/2002 5:02:55 PM PDT by pinz-n-needlez
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To: cyncooper
Um, yeah, uh-huh, sure. That's what those were.
43 posted on 07/30/2002 5:04:05 PM PDT by pinz-n-needlez
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To: cyncooper
6 A. WELL, I KNOW THAT THE MAJORITY OF NYLON THAT IS7 PRODUCED IN THE UNITED STATES IS CARPET, AND THAT ABOUT TEN TO8 18 PERCENT IS APPAREL. AND IF THIS IS AN APPAREL FIBER -- IT'S9 DEFINITELY NOT A CARPET FIBER. IF IT'S AN APPAREL FIBER, THEN10 IT COULD BE RELATIVELY COMMON, YES.

Cyn, you keep qouting this. FIRST, her argument goes this way:

If it's not a rock it's an elephant. If it's not an elephant,it's a rock, and they are pretty common.

So, either it is or is not apparel or carpet fiber. And if it IS NOT CARPET FIBER, then it is too common to prove anything at all.

POOF, you now have argued a point which ends up proving absolutely nothing whatsoever. Do you see ?

44 posted on 07/30/2002 5:05:11 PM PDT by UCANSEE2
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To: pinz-n-needlez
Um, yeah, uh-huh, sure. That's what those were.

So now the friend and her parents are lying?

45 posted on 07/30/2002 5:05:48 PM PDT by cyncooper
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To: cyncooper
Sometimes ya just got to give up. The next thing you know we'll be hearing that that little friend was part of the VD swinger ring.
46 posted on 07/30/2002 5:06:59 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
Those were danielle's best friends pj's..

According to WHO? BRENDA, THE BIG FAT LIAR (proven in court, in front of a jury, sworn on the bible to tell the TRUTH and still lied)

Why did DAMON get this angry look on his face when GRANDMA pulled out the pair of PJ's and held them up, after Damon said Danielle was wearing them??????

What are your thoughts on why he appeared so mad?

47 posted on 07/30/2002 5:07:37 PM PDT by UCANSEE2
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To: cyncooper
I never suggested anyone is lying here. I'm agreeing with you. Albeit reluctantly. I'm not much for arguments.
48 posted on 07/30/2002 5:08:15 PM PDT by pinz-n-needlez
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To: cyncooper
Those were Danielle's friend's pj's. They both had been given matching pj's special for a sleepover.

PROVE IT.

49 posted on 07/30/2002 5:08:39 PM PDT by UCANSEE2
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To: Spunky
Did they ever find the source of these orange acrylic fibers?

Ya know the thing that girl scouts were around their neck/shoulders for their badges??? Isn't that an orange velvet or something??

50 posted on 07/30/2002 5:09:23 PM PDT by demsux
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To: UCANSEE2
No, I don't agree. She seems to state definitively that it is NOT CARPET.

She says nylon is relatively common as an apparel fiber.

She does not know the source of the fiber.

I say:

The fibers at DW's house and in the MH are similar to the fibers on Danielle van Dam's body---a body that did not have clothes to retain fibers. So how did the fibers get on and around Danielle and in Westerfield's home and motorhome?

As VRWC_minion points out, DW would have showered and changed clothes in his house before driving to the MH. So how did fibers "transfer" from his house to the MH?

How are the fibers around Danielle?

51 posted on 07/30/2002 5:10:59 PM PDT by cyncooper
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To: ~Kim4VRWC's~
Those were danielle's best friends pj's..

And WHO provided that information, that's right, Damon and/or Brenda, confirmed liars...

52 posted on 07/30/2002 5:11:14 PM PDT by demsux
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To: VRWC_minion
Her mom didn't hug her according to the testimony. How did it get there ?

So none of the testimony states that Brenda hugged Danielle that night before going out to Dad's.

BUT DANIELLE NEVER TOOK THAT NECKLACE OFF FOR MONTHS AND I SHOULD HOPE THAT HER MOTHER HUGGED HER AT SOME TIME SO ONE ORANGE FIBER STUCK IN HER NECKLACE COULD HAVE BEEN THERE FOR A LONG, LONG, TIME.

53 posted on 07/30/2002 5:11:36 PM PDT by Spunky
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To: cyncooper
Those were Danielle's friend's pj's. They both had been given matching pj's special for a sleepover.

Sorry, that was rude. OTHER than a known perjurer, a woman that LIED while her daughter had been kidnapped and was killed and who might have saved her life had she not continued to LIE,

Who said that The PJ's that Grandma held up were not Danielle's?

Who said they were this spare pair for the neighbor?

Who testified to such in court?

54 posted on 07/30/2002 5:15:41 PM PDT by UCANSEE2
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To: UCANSEE2
"BRENDA, THE BIG FAT LIAR "

Is that your answer for everything?

55 posted on 07/30/2002 5:16:56 PM PDT by Freedom2specul8
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To: demsux
See #55
56 posted on 07/30/2002 5:17:37 PM PDT by Freedom2specul8
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To: pinz-n-needlez
freepmail
57 posted on 07/30/2002 5:18:08 PM PDT by Freedom2specul8
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To: cyncooper
You just argued with yourself and lost. I don't have to say anything.
58 posted on 07/30/2002 5:18:15 PM PDT by UCANSEE2
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To: ~Kim4VRWC's~
Is that your answer for everything?

Whenever you refer to lies Brenda made to cover up for her responsibility in her daughter's disappearance, YES.

59 posted on 07/30/2002 5:19:40 PM PDT by UCANSEE2
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To: UCANSEE2
You just argued with yourself and lost.

Really? I can think of only one reason those blue fibers would be found on Danielle, in Westerfield's home--including his laundry--, and in his MH.

What's your explanation?

60 posted on 07/30/2002 5:21:39 PM PDT by cyncooper
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