Frustrated Prosecutor Dusek Swats At Final Bug Expert: Westerfield's Soon Will BUG The Jury....

Court TV ^ | August 2, 2002 | Harriet Ryan

[Jaded]

They had a PR firm at that time. They had a speech writer in essence. It's just about Brenda. Did you see when she made the morning show circuit with Jahi Turner's mother? That was something.

[fatima]

Hi nycgal,if I were the son I would stand up for my Father,he might die.

[Jaded]

But the DA's computer expert proved that he was lying.

[fatima]

We all know good hearts on the boards-:)))

[Jaded]

Depends on what the DA is telling him. They've certainly been less than truthful.

[cyncooper]

BTW, some of that stuff where Westerfield is accused of lying, he could have just forgot, couldn't he?

Well, I am re-reading his interview with Det. Redden. It is really most interesting, and the details that he lies about he tends to emphasize.

The detail I was referring to is that the police came to his house 2/4 in the a.m. and left his house to go check out the MH storage site. Westerfield was left at home and able to go out if he wanted to and he evidently did. I posted earlier on the thread from Det. Keene's testimony that they returned to DW's house about 12:30 and DW returned a few minutes later. I wanted to see what time he took the black clothes to the drycleaners. Looks like it was at 1:40---shortly after the police left the second time. This according to the drycleaning clerk.

So I was just wondering where he went between 11:50 and 12:30.

[cyncooper]

I think the quote in this article is really strange. It almost sounds like she knows what happened and things got out of hand.

"My biggest hope is for someone to realize right now this has gotten big and they made a big mistake and let my daughter walk away," Brenda van Dam said Thursday on ABC's "Good Morning America."

This quote seems to mean that with the huge media attention maybe someone who saw something will give a clue. She talks about someone letting her daughter walk away.

[alexandria]

Well if the judge knows they lied, why aren't they going to prosecute for perjury!?

The judge may know they have been untruthful as in their statements are not consistant or they have discredited themselves on the stand. I belive for purjury you have to testify under oath one way and then under oath testify in contradiction to the first testimony. I'll have to look it up again.
It definately shows that someone coached the VD's in their testimony because in jury instructions it says to not judge testimony a person gives as false if they say that they do not have recollection of specific facts because memory of witnesses tends to blur after time.
So if I say well I really don't recall but I might have said this or that the jury can't fault any of my statements if it does come back that I did in fact state it. Most people unless represented by a lawyer would not testify as DVD and BVD did, hell it sounded like they were the defendents for cryin' out loud with all the "I can't recall" and "I don't recall saying that." To the most minor questions.

[Krodg]

Keene and Parga followed DW to the MH. They left at the same time but they took different directions back to his house. He arrived a few minutes after the cops.

[fatima]

Sorry,can you explain what you meant.

[Krodg]

Wouldn't they be under oath at the peliminary hearing?

[alexandria]

Yes, of course and if they did perjure themselves on the stand I would have to bet Feldman would have definately brought it up and the judge would have to strike the entire testimony.
That is why as I said VD's used the "I don't recall" statement over and over. That way Feldman had to "refresh" their memory by showing them their statements probably from pretrial testimony.
If I was a juror I would be definately doubtful as to their truthfulness because usually if you are being truthful when you say or do something you don't have to be as careful about "getting it wrong" when asked about what you said in your past statements.

[alexandria]

Found this URl on crime scene processing procedures.
I tried a count to see how many steps SDPD skipped/missed but lost track, too sleepy I guess. Nite! ;o)
http://www.fbi.gov/hq/lab/handbook/scene1.htm#Release

[cyncooper]

Keene and Parga followed DW to the MH. They left at the same time but they took different directions back to his house. He arrived a few minutes after the cops.

Not at the time I am referring to. I posted this earlier on this thread. From Det. Keene ("that location" is DW's house):

Q. AND YOU LEFT THAT LOCATION AND THE DEFENDANT AT ABOUT WHAT TIME?

A. YOU'RE TALKING LEFT SKYRIDGE?

Q. YES.

A. AT APPROXIMATELY 11:50.

Q. AT 11:50 THE DEFENDANT WAS ABLE TO GO ANYWHERE HE WANTED TO AT THAT POINT?

A. THAT'S CORRECT.

MR. FELDMAN: BEYOND THE SCOPE, OBJECTION.

THE COURT: OVERRULED. THE ANSWER IS GOING TO STAND

BY MR. DUSEK:

Q.HE COULD GET ANYTHING HE WANTED TO EAT AT THAT TIME IF HE SO CHOSE?

A. CORRECT.

Q. THE NEXT TIME YOU CONTACTED HIM WAS BACK AT HIS HOUSE?

A. CORRECT.

Q. AT ABOUT WHAT TIME?

A. IT TOOK US APPROXIMATELY 20 MINUTES, 20, 25 MINUTES TO DRIVE BACK TO HIS HOUSE, AND I THINK HE ARRIVED WITHIN A FEW MINUTES AFTER WE DID.

End Excerpt

[dread78645]

Not at the time I am referring to. I posted this earlier on this thread. From Det. Keene ("that location" is DW's house):

Q. AND YOU LEFT THAT LOCATION AND THE DEFENDANT AT ABOUT WHAT TIME?
A. YOU'RE TALKING LEFT SKYRIDGE?
Q. YES.
A. AT APPROXIMATELY 11:50.

Uhmm "that location" is Skyridge Rd in Poway where DW stored his motorhome.

[Freedom2specul8]

that is just REALLY REALLY weird cyn. Humans could smell if they crawled..but DOGS either couldn't smell anything or the handlers did watch for reactions? There is something not right about that witness and whoever else was involved. I must be missing something.

[John Jamieson]

I couldn't find addresses but the San Diego guy would have been about 25 miles away, and the Poway guy just a few miles. He certainly would have known all about Dad's too.

[John Jamieson]

One would hope so, but then again anyone involved is going to have a lot to hide.

[cyncooper]

Thanks, had to go back to Keene's original testimony (this excerpt is from a later date when he was recalled) to get that. It wasn't clear from the later date testimony. At least not clear to me!

[John Jamieson]

Westerfield has NOT testified under oath.

The police interview is totally one sided and not controlled. You can't say he left anything out, because he was constantly interrupted and you only heard 5% of it.

Even the part you heard was highly edited per Dusek.