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

Court TV ^ | August 2, 2002 | Harriet Ryan

[cyncooper]

And to be clear, I came back to correct my mistaken impression after reading Keene's June testimony. I was not just going to leave it.

[John Jamieson]

It's quite possible that NOBODY ever looled at the particular videos in question. Any access to even the directory it's in will update the last accessed date on my computer (winxp). The cd's can't update the last access date, but the harddrive and the zips can.

[cyncooper]

Westerfield has NOT testified under oath.

Tell it to everybody pulling quotes and second-hand reports from and about the van Dams when they're not under oath and using it as fodder to call them liars.

[John Jamieson]

The van Dam's did lie under oath in many instances. There maybe other instances too, of course. I hope the judge is very specific when he talks about lieing and doesn't just leave it to the jury to figure out.

eg. Was Brenda in the shower, or playing peekaboo when Barbara got there?

I've thought that Neal maybe one of the "he"s and if so, he may have gone to the judge to fessup. The judge seems to have information about lying that we may not realize from just the inconsistant testimony.

[cyncooper]

but DOGS either couldn't smell anything or the handlers did watch for reactions?

Well, the detective who said he didn't notice was not the dog handler and wasn't there to observe the dog handlers. The defense elicited the "didn't notice" statement, I believe, perhaps to throw doubt on the ability of dogs?

Then on cross-exam Dusek brought out the clarification.

Though it is odd that the detective wouldn't just state "I don't know" instead of "I didn't notice". Using the word "notice" does leave an impression that if there had been some kind of reaction he would have taken note of it. At least that's how the phrase plays to my ears.

[cyncooper]

The van Dam's did lie under oath in many instances.

I really don't see that they lied under oath. Damon can think Brenda was in the shower when she wasn't.

If they were lying wouldn't they try to get their story straight. It could be with two "girls night out" events the details get mixed up or that is what they really remembered.

I've said before the word "lie" is used too casually by some with the van Dams. I'll add now that Westerfield's lies and the things he did NOT tell the police are excused way too easily by the same group.

[cyncooper]

In this post to you I misstated what happened. DW had gone with police to his MH at SkyRidge and had driven his SUV by himself. When they all left SkyRidge he returned in his SUV via a different route and the police didn't see him until he arrived back at his house a few minutes after the police did.

[John Jamieson]

Well let's be as generous as possible. Westerfield could NOT have lied under oath, and the DVs MAY have. I vote we let the judge sort it out.

[cyncooper]

I vote we let the judge sort it out.

Jury instructions could be very interesting, I agree.

I've wondered if, once the instructions are given,if it won't be the lawyers in their closing arguments that are able to point the finger, so to speak.

[John Jamieson]

I'm sure the lawyers will point out everything they can, but if the judge actually strikes some testimony that will be very dramatic.

[calawah98]

In the prelimary hearing, DVD said he WALKED the dog, after he put the kids to bed at 10, then he WALKED the dog before BVD and girls came home, had just got in bed when they did show up. Is'nt this totally different then what he said at the hearing?

[calawah98]

Duh== corrected to what he said when he testified in court, not the hearing.

[I. Ben Hurt]

Another thing--If the garage door was left open by Denise trying to hear on her cell phone, before they left for Dads, the alarm system should have been blinking the entire time they were gone. Damon DIDN'T notice this? Brenda said she saw it as soon as she came in the door.

Which door did they use for the bladder problem dog? I missed it, I guess.

[cyncooper]

If the garage door was left open by Denise trying to hear on her cell phone, before they left for Dads,

I think the testimony is the door was closed upon completion of the call but not locked when she re-entered the garage. Not positive, though.

[I. Ben Hurt]

For the time she went missing. Not for the porn. Not for the porn found on the computer in his room.

I wasn't clear in posting. I meant Neal's alibi for when Danielle went missing. There's been speculation maybe Neal had something to do with her disappearance.

[Jaded]

Considering they've told DIFFERENT stories UNDER oath and that their versions of the stories have VARIED greatly from other people who were in the same room. I'd say so. But ya know, in the end our opinion is just that, we're not the jury that counts.

[I. Ben Hurt]

I think the testimony is the door was closed upon completion of the call but not locked when she re-entered the garage. Not positive, though.


This has bothered me for some time. I'll have to do more reading.

Unrelated question from a newbie: How do you get the quote you're responding to, to show up in a different font? Sorry to be so dumb. Thanks.

[juzcuz]

Mornin: -Damon didn't notice-

I've got some questions this morning--

1.) -Door- I also question how Damon didn't notice garage/side yard door open. He stated that he had two? beers after girls left. He stated that he kept the beer out in the garage frig. ????

2.) -Dog- Brenda stated that the dog was a year old or to be a year old in (Feb.??). I wonder when they bought the dog? I wonder why, whoever they bought the dog from, didn't house break the dog at say (3-4 mos.) I've bought a pure breed(a little house dog) before, from what I understand if the breeder has not sold the (house breed) by (3-4mos.)the breeders will usually housebreak them. I wonder if Layla was kept outside by the breeder? In that case, they don't house break yard dogs. Also,it just seems non-sensible to take a yard dog, when you have a fenced yard, and keep it inside, unhouse broken an everything. The VD's did have a fenced yard.....

[bvw]

Okay, I accept that rebuke -- I have to. I deconstructed up a quote from the Brenda, last night, yet I know tat newspapers rarely get quotes exact. As much as I'd like to think my analysis was spot on, that one was weak -- even misleading, for the reason of being an unreliable quote.

However, a similar and earlier analysis I did of Brenda's 911 call from the transcript I will stick by, as such a transcript is reasonably considered close to exact.

[cyncooper]

How do you get the quote you're responding to, to show up in a different font?

Don't feel dumb! I know very very little about html. But I did learn how to do italics.

Put these wthout the space I've added, around the phrase or word you want in italics:

< I> < /I>

Try it and see if it works.