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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.

 


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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: cyncooper
Do you think it's right to leave 3 little kids home alone while you go to visit your drug dealer? How could these people even have the time to raise three little kids with all their other more important desires?
461 posted on 07/31/2002 5:25:44 PM PDT by John Jamieson
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To: UCANSEE2
My understanding was that is was something like 1 or 2 hairs and the fiber jammed into a crevice of the choker. Maybe the transcript would help clarify. I don't remember it being a HUGE wad of hair, by any means.

ANYONE ELSE remember or want to post the testimony

UCANSEE2, I can hardly believe this statement of yours. Please review this thread. I have posted the testimony---lengthy excerpts---from both direct AND cross-examination!!!

I backed it up. In fact, until today I didn't realized what a huge clump of hair it was.

462 posted on 07/31/2002 5:25:51 PM PDT by cyncooper
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To: John Jamieson
"I have reasonable cause to believe that Mr. Westerfield is guilty" of kidnapping and murdering the 7-year-old girl, Superior Court Judge H. Ronald Domnitz ruled.


I found it. Okay, I got his *exact* words incorrect, but it's appalling he even used the word "guilty." Usually, a judge will say, "I have reasonable cause to bind (so & so) over for trial." Something more on that line, but never use the word, "guilty."

463 posted on 07/31/2002 5:26:02 PM PDT by the Deejay
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To: the Deejay
Ya think you're the *only* one?

Of course not!

464 posted on 07/31/2002 5:27:01 PM PDT by cyncooper
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To: clearvision
(1) Many of these 'orange fibers at DW's, What was the source?

(2)1 fiber on Danielle that COULD be a perfect match. Did it have the root, or was it just partial. How many hairs with the fiber? Was it a HUGE WAD?

(3)Danielle had been in DW's house, and COULD have gotten the fiber in her hair then. Police were in DW's house, the MH, the SUV, tracking orange fibers possibly.

(4)Orange fibers in the MH (right?) Would be coming from DW carrying them from house to MH.

(5) Orange Fibers found around Danielle's body (were there, how many?)

(6) Blue/Grey Fibers ... this is where you can take over.

(7)Orange fibers in SUV. HOw many?

The other evidence is:
2 drops positive for Daneille's DNA, but never proved to be blood. The one by the MH bathroom was obviously not new or the dogs would have HIT on it.

The INVESTIGATOR testified it could be up to a YEAR OLD.

1 partial print in the MH in under the edge of a cabinet. Not found on first examination. Found on re-examination. (to my best recollection)

ONE hair found in sink trap. No attempt to identify if other hairs in sink, or whose they were, or whether Danielle's was first in/last in. Only that this 1 hair was there.

Easily transferred during cookie sale to something in the DW home that eventually could end up taken into MH.

SO, that pretty much sums up the PHYSICAL EVIDENCE.

I Plan to keep a working list where we can eliminate or not be able to eliminate each item.

465 posted on 07/31/2002 5:27:18 PM PDT by UCANSEE2
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To: cyncooper
Nancy Grace said twice yesterday that Danielles body was "covered in orange fibers". I fell out of my chair.
466 posted on 07/31/2002 5:27:48 PM PDT by John Jamieson
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To: spectre
"Wasn't her fault, poor baby."

I know. That's basicly what I posted. It's the parents fault if a child that age appears dirty, as well as sad.
467 posted on 07/31/2002 5:29:22 PM PDT by the Deejay
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To: cyncooper
Post #407....
468 posted on 07/31/2002 5:29:41 PM PDT by Jrabbit
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To: cyncooper
Yes there were fibers, but some how in all your research, you missed the fact that they were similar but because of being common they probably did NOT come from the same source.

DO you not understand what that means? You have blue shirt I have blue shirt. DO you shop at Walmart? They share the some type of threads. But my threads are not in your house and yours sure better not be in mine! Identical threads not from the same source! UNDERSTAND? That IS what was said!
469 posted on 07/31/2002 5:30:11 PM PDT by hoosiermama
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To: the Deejay
OK, I'll split it with you. He was too strong allright, but did not go over the edge. Thanks for looking it up.
470 posted on 07/31/2002 5:30:20 PM PDT by John Jamieson
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To: John Jamieson
Nancy Grace said twice yesterday that Danielles body was "covered in orange fibers". I fell out of my chair.

Yeah, somebody posted that yesterday. OH, BROTHER!

I also remember someone saying that on Larry King she kept saying the MH had been steamcleaned!!!

471 posted on 07/31/2002 5:31:01 PM PDT by cyncooper
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To: cyncooper
I backed it up. In fact, until today I didn't realized what a huge clump of hair it was.

Ok. Can you tell me where you posted this? I have to go soon and do want to know. If it was such a huge clump of hair, how did it get stuck to the choker? Was it from the animals? I know there were clumps of hair trailing from her body.

472 posted on 07/31/2002 5:31:08 PM PDT by UCANSEE2
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To: John Jamieson
The peliminary judge did say he felt that Westerfield was guilty.
473 posted on 07/31/2002 5:31:27 PM PDT by Krodg
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To: UCANSEE2
Maybe if we can put all the numbers/colors/types of fibers and where found together in one list, we all might have a clearer picture.

I'd be glad to help compile a list of the fiber evidence. Going thru those transcripts is not easy, though.

474 posted on 07/31/2002 5:31:32 PM PDT by nycgal
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To: hoosiermama
Yes, I understand!

Unfortunately you and I disagree on the implications.

What is your explanation as to why Danielle's nude body would have those blue fibers on it? She wasn't wearing clothes to retain innocent fibers.

475 posted on 07/31/2002 5:33:23 PM PDT by cyncooper
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To: hoosiermama
I think that proves conclusively that she was killed in a Super Walmart in the sweater section.
476 posted on 07/31/2002 5:33:57 PM PDT by John Jamieson
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To: John Jamieson
Wife says a lot more orange at Kmart.
477 posted on 07/31/2002 5:35:03 PM PDT by John Jamieson
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To: UCANSEE2
Orange fibers: It was in the 10's in the SUV. Put a big maybe on the RV orange fibers. I've looked hard and can not find a strong statement about orange fibers in the RV.
478 posted on 07/31/2002 5:35:32 PM PDT by clearvision
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To: Krodg
"The peliminary judge did say he felt that Westerfield was guilty."

I couldn't move for about 10 minutes when I heard him use the word, "guilty." Judges just don't use that particular word, until a defendant has been found guilty. Then, they usually say, "You have been found guilty......" blah, blah, blah.


479 posted on 07/31/2002 5:35:32 PM PDT by the Deejay
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To: John Jamieson
Correction, I miss heard the miss, IT rules out Kmart and Target.
480 posted on 07/31/2002 5:36:40 PM PDT by John Jamieson
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