Prosecution's Bug Expert Struggles On Stand:08/01/2002 Westefield Trial Nears Finish Lap!

Court TV ^ | August 1, 2002 | Harriet Ryan

[FresnoDA]

Another bug expert testifies in Westerfield trial

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- A forensic entomologist called by the prosecution testified Tuesday that ants and animals may have carried away the evidence needed to determine when 7-year-old murder victim Danielle van Dam was first exposed to the elements.

The last days of David Westerfield's trial on charges of kidnapping and murdering Danielle are likely to be dominated by more dueling testimony on exactly when the child's nude body was dumped along a rural road in the East County.

 

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Pool Photo

San Diego Police Department Detective Maura "Mo" Parga, testified about clothes she wore when she visited the home of defendant David Westerfield, during proceedings Tuesday morning at the San Diego courthouse.

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So far, two other entomologists, a forensic anthropologist and the medical examiner have given different estimates on when she died. The earliest date stretches back to before she disappeared on Feb. 2. A defense bug expert gave the latest date, putting Danielle's death six to 13 days before volunteer searchers discovered the girl on Feb. 27.

The issue is key to the defense of Westerfield, who was under 24-hour surveillance within three days of Danielle's disappearance.

On Day 24 of the trial, forensic entomologist Madison Lee Goff became the third bug expert to offer an estimate.

He also questioned the methods used by defense bug expert Neal Haskell, who determined Danielle's body was left in Dehesa six to 13 days before she was found. Later, Goff was forced to admit mistakes in his own calculations.

Goff said Feb. 9 was most likely when flies deposited the larvae that was found on Danielle's body, but he couldn't say whether it corresponded with her time of death.

"I only study the insects," he said. "I don't have a stop watch."

He had stretched the date back as far as Feb. 2, the day Danielle was reported missing, until Westerfield's attorney pointed out mistakes Goff made in determining how fast the flies developed. Goff said those errors might affect the accuracy of the earliest estimate.

The chair of the forensic science department at Chaminade University in Honolulu, Goff wrote "A Fly for the Prosecution," a book about using insect activity to help solve crimes.

Goff said ants or scavenging animals might have wiped out the first round of fly eggs, making it appear Danielle's body was left exposed for a shorter period of time.

How damaging Goff's testimony is to the defense case depends largely on much how of his disjointed testimony jurors were able to understand. Many of his answers were so laced with scientific lingo that even attorneys repeatedly asked him to simplify his academic language.

Goff said he used reports from the medical examiner, two other entomologists ---- including Haskell ---- weather reports and photographs of Danielle's body to make his conclusions.

After Goff's testimony, prosecutors rested their rebuttal case. The defense will begin calling witnesses for rebuttal on Wednesday. Judge William Mudd told jurors he expects them to begin deliberating by next week.

Westerfield could face the death penalty if convicted of kidnapping and murdering Danielle. He also faces a misdemeanor charge of possessing child pornography. Westerfield, a design engineer and twice divorced father of two, lived two houses down from the van Dams.

Mudd told jurors he has not ruled on a defense request to keep them sequestered during the deliberations, but he said he was leaning against it. He also asked them to limit any media exposure about the murder earlier this month of 5-year-old Samantha Runnion, who was snatched kicking and screaming from outside her family home in Orange County.

Police have said that little girl was sexually assaulted before her nude body was dumped along a rural road in Riverside County ---- in a situation somewhat similar to Danielle's death.

Earlier in the day, three other prosecution witnesses briefly took the stand.

The lead detective in Danielle's murder testified he saw some ants around the area where the little girl's body was found. Detective Sgt. William Holmes also testified he calculated that Westerfield drove his motor home 552 miles during a rambling trek from the beach to the desert and back to the beach the weekend Danielle disappeared.

Previous experts have testified Danielle's blood, hair and fingerprints were found in Westerfield's motor home. The defense has suggested she might have gotten inside the vehicle to play hide-and-go-seek when Westerfield had it parked outside his home.

Holmes testified he measured the distance from the ground to the knob of the side door of the motor home and found it was slightly more than five feet. Danielle was about a foot shorter. But, Holmes said he didn't measure the distance from a street curb, which would have taken away several inches.

The prosecution also submitted as evidence several red and orange shirts detectives and dog handlers were wearing when they went into Westerfield's house after Danielle disappeared. A criminalist testified fibers from the shirts were different materials than bright orange fibers found during Danielle's autopsy and in Westerfield's 4-Runner.

Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.

[FresnoDA]

NEARING COMPLETION PING....) ) )

[Vidalia]

Blood and Fiber evidence do not count anymore, right?

[RnMomof7]

It is all down hill Fresno

http://www.freerepublic.com/focus/news/725704/posts

[FresnoDA]

"If this 1 bug were to mutate...and if a spawning solution were sprayed on it...you would divide the 1 bug by 7, that would give you 13 bugs.  Then, you would multiply the wings by 4, and that would give you 11.

And you know what.....that fly will become a beautiful butterfly......

Yep, that's my story, and I'm sticking to it....

Uhm...where is the bathroom?"

Lee Goff, the chairman of the forensic science department at Chaminade University of Honolulu, testifies during the trial of David Westerfield Tuesday, July 30, 2002, in San Diego. Westerfield is charged with the kidnapping and murder of seven-year-old Danielle van Dam. (AP Photo/Dan Trevan, Pool)

[FresnoDA]

Uhm...Dr. Goff, did you write this book? 

Is this the book, you wrote, where you stated that bugs can determine the TOD (Time of death)? 

Or are you not sure? 

While I have you here, would you sign my copy?

Tue Jul 30, 8:05 PM ET

Steven Feldman, attorney for David Westerfield, holds a copy of a book titled "A Fly for the Prosecution" written by Lee Goff, the chairman of the forensic science department at Chaminade University of Honolulu, as Goff testifies during Westerfield's trial Tuesday, July 30, 2002, in San Diego. Westerfield is charged with the kidnapping and murder of seven-year-old Danielle van Dam. (AP Photo/Dan Trevan, Pool)

[FresnoDA]

OK Mr. Dusek. Could you let me know when you will be objecting...then I will be ready to sustain.....

I already know what I will over rule Feldman on....

Tue Jul 30, 8:04 PM ET

Judge William D. Mudd discusses, with attorneys, evidence to be admitted during the trial of David Westerfield Tuesday, July 30, 2002, in San Diego. Westerfield is charged with the kidnapping and murder of seven-year-old Danielle van Dam. (AP Photo/Dan Trevan, Pool)

[per loin]

After watching this "expert" testify, I'd guess that the prosecution, unable to refute the evidence given by the other two forensic entomologists, was attempting to muddy the waters. If this is the best they can come up with, the jury must acquit on a reasonable doubt basis.

[crystalk]

Have you ever heard the saying, "his name is Mud(d)?

That is something that originated because the numerical value of the Hebrew word for mud, botz, has the same numerical value as the name Muhammad.

Thus the Prophet's name was mud, mathematically.

This judge has been so prejudicial that any appeals court at all would order a new trial from the beginning for poor Mr. Westerfield, and almost certainly would not allow any allegations about porn on his computers to be brought into this trial.

[Greg Weston]

Are you going to take a vacation and get away from all this after Westerfield is convicted?

[crystalk]

Have you ever heard the saying, "his name is Mud(d)?

That is something that originated because the numerical value of the Hebrew word for mud, botz, has the same numerical value as the name Muhammad.

Thus the Prophet's name was mud, mathematically.

This judge has been so prejudicial that any appeals court at all would order a new trial from the beginning for poor Mr. Westerfield, and almost certainly would not allow any allegations about porn on his computers to be brought into this trial.

[FresnoDA]

Cool...neat factoid...then I BUMP, Mudd...for his name truly is MUD...BTT

[Greg Weston]

The jury will consider blood, DNA, fibers and fingerprints et, that the defense can't explain away. That's why DW will be convicted.

[FresnoDA]

Are you going to take a vacation and get away from all this after Westerfield is convicted?

Gee Greg, I am actually going to take 6 weeks off, and I plan to go on Safari in Africa...where I plan to hunt Jackals...but thanks for asking....FDA

[FresnoDA]

Jaded...got some new pictures on this thread for you Stealth Site...FDA

[FresnoDA]

Since I was nice enough to answer your question, feel like returning the favor? How did David Westerfield get into the VD love nest and spirit the child out?

[Greg Weston]

I think that's a African Wild Dog. Whatever. Sounds cool to me! But hey perhaps 1 or 2 misguided jurors will hang things up with a not-guilty. Do it all over again.

[Greg Weston]

Probably just walked in.

[FresnoDA]

And conversely, just walked right out...THANKS...

[Positive]

My understanding of the term "your name is Mudd" is that there was a Dr. Samuel Mudd who treated a man who suffered from a broken leg. The injured man's name was John Wilkes Booth, the alleged assasin of Abe Lincoln.

Dr. Mudd was later interogated, investigated, slandered and libeled until his "name was mud."