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Frustrated Prosecutor Dusek Swats At Final Bug Expert: Westerfield's Soon Will BUG The Jury....
Court TV ^ | August 2, 2002 | Harriet Ryan

Posted on 08/01/2002 10:25:00 PM PDT by FresnoDA

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To: John Jamieson
I thought the test used showed that if they were able to extract DNA from the spots that tested positively presumptively that it was not from other bodily things (you've said it could be nose stuff or saliva, I believe) or am I misreading :

"Q. Are you using these substrate controls to allow a later analyst to determine if the jacket itself has something in it, as opposed to the blood staining, providing any later genetic information?"

At any rate, just wanted to throw it your way.

641 posted on 08/04/2002 10:59:42 AM PDT by cyncooper
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To: demsux
My recollection is Damon stated he was asked if there was any drug usage. He said "no". He then said he was told "it is very important that you tell us everything" and he said he immediately confessed to the pot smoking.

Yes, the conversation took place later in the day and wasn't volunteered immediately. But it is not as you portray that he lied continuously for 17 straight hours about that.

642 posted on 08/04/2002 11:02:50 AM PDT by cyncooper
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To: cyncooper
She said it in a misleading way, it's not your fault, but it doesn't solve the problem. We don't even know if the second control sample was ever tested for anything.

All the testimony says that a presumptive test was done and DNA tests were run, skipping any mention of the normal serology tests. They may have done the serology tests and not told us about them, but why would they skip the chance to yell, IT WAS BLOOD! SEE BLOOD! (because they found no blood, is the only reasonable answer).
643 posted on 08/04/2002 11:06:23 AM PDT by John Jamieson
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To: bvw
A missed recollection is not a lie.

Well, we disagree about drycleaning trip #1, certainly. Why would he readily remember trip #2 later and the police were able to confirm trip #2 and retrieve the clothes, but he never revealed trip #1. BTW, trip #2 seems to be his clothes from Friday night. He wanted them back Monday (same day service) but the cleaners said it was too late. He ran them over pretty much as soon as police left his house early afternoon of 2/4. Maybe he thought the police would find out what he was seen wearing Friday night and wanted to be able to present them to them, freshly cleaned?

What are your thoughts as to why he didn't tell police about calling his son about checking the house and subsequently telling them he found a door unlocked because *he* forgot to lock it?

644 posted on 08/04/2002 11:07:27 AM PDT by cyncooper
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To: cyncooper
One more time, the tape was edited. Stuff was cut out by the prosecution to make their case better. You didn't hear it all.
645 posted on 08/04/2002 11:10:22 AM PDT by John Jamieson
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To: John Jamieson
DW's statements are more than the Redden interview. He initially talked with Det. Keene at his house 2/4 in the a.m. Then he gave a media interview.

The fact that the police went to the drycleaners with the ticket for trip #2 and were given the clothes that corresponded with that ticket only, then the drycleaners calling the police to say there were other items at their establishment that had been brought in earlier indicated that DW concealed that trip.

Surely you're not saying we are to discount his statements that have been introduced as evidence?

646 posted on 08/04/2002 11:10:23 AM PDT by cyncooper
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To: cyncooper
No, but you're also not to assume he left anything out, because others edited those statements. The press, LE and the prosecution all chose what you were allowed to hear.
647 posted on 08/04/2002 11:13:57 AM PDT by John Jamieson
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To: John Jamieson
One more time, the tape was edited. Stuff was cut out by the prosecution to make their case better. You didn't hear it all.

Thanks John, and I have pointed that out numerous times myself. However, I think it is fair to evaluate the statements that were submitted for the jury's consideration. I suppose a juror or jurors will agree with you to disregard.

648 posted on 08/04/2002 11:14:19 AM PDT by cyncooper
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To: John Jamieson
The press, LE and the prosecution all chose what you were allowed to hear.

He has very able defense counsel, as you know, and they have heard the whole thing. Any exculpable material would have been included at their insistance, I am sure.

649 posted on 08/04/2002 11:16:29 AM PDT by cyncooper
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To: cyncooper
I don't remember anyone but you calling those "ommissions" a lie. Sorry, but I'm about to walk out the door for the rest of the day. Have a good one.
650 posted on 08/04/2002 11:22:14 AM PDT by John Jamieson
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To: 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.

I just read DVD's PH testimony and he said he let the dog out (not walked) using the sliding door. I have not compared to the trial testimony yet. What did you think was different?

651 posted on 08/04/2002 11:23:41 AM PDT by cyncooper
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To: John Jamieson
Have a good one.

You too.

652 posted on 08/04/2002 11:24:45 AM PDT by cyncooper
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To: John Jamieson
I don't remember anyone but you calling those "ommissions" a lie.

I know you may have left already, but just to clarify, DW was asked specifically when he took the MH to Sherman's. He had a story about getting their real early and not wanting to disturb anybody so waiting to pull in. He was asked if he went anywhere while returning from his "camping" trip and Sherman's and he said "no". So that would be a lie, not just not revealing it, since he was asked point blank if he went anywhere.

Also, the unlocked/locked door deal on his return home Saturday afternoon, when he had had Neal check the house already is more than ommitting the conversation with Neal. I would conclude there was no unlocked door and he lied about that to the police.

653 posted on 08/04/2002 11:29:56 AM PDT by cyncooper
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To: cyncooper
What are your thoughts as to why he didn't tell police about calling his son about checking the house and subsequently telling them he found a door unlocked because *he* forgot to lock it?

It's a reach for anybody in any situation to answer after the fact why they did NOT do something. It would be more of a reach to speculate why someeone else did not do something.

If however your intellectual framework is to look at the situation from a presumption of innocence -- like a juror should and which I am trying to do -- then that is not even a question to be asked. Some such speculations might be considered in investigations and in general fact-findings, but even then be wary of them.

"The truth will out." Means to me that a concerted, conscientious and ethical search for the truth will have it in time, allowing Providence proper due. Generally I dislike negative specualtions such as this would be regarding Westerfield, but would -- I've obviously already employed them -- allow such negative speculations against actors who have demonstrated prior patterns of vile deception, wanton immorality, repeated theft or egregious violence.

It goes to learning how to swim with sharks. How do you id sharks in the first place -- by baiting them and see if they rise to it. IMO, the Van Dams are sharks. Contrast the Van Dams and the Smarts. (What a combination of names!)

654 posted on 08/04/2002 11:43:51 AM PDT by bvw
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To: bvw
The glaring "lack of admission" by DVD to LE over the course of 17+ hours, would indicate a "pattern of deception". LE was able to get DVD to admit to the drug usage and perversion, after telling DVD that Barb had already admitted such behavior.

I wonder what LE did not know to ask about? Obviously, if Barb had not "ratted them out", we probably would still not know about the drug use and perversion.

655 posted on 08/04/2002 11:48:54 AM PDT by demsux
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To: bvw
Heading out to go swimming...swealtering heat here in St. Louis.

Do you think it's ok if I leave the hose out while I'm gone...maybe I'll leave the sprinkler on, just in case

656 posted on 08/04/2002 11:51:16 AM PDT by demsux
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To: bvw
If however your intellectual framework is to look at the situation from a presumption of innocence

I agree to beginning with the presumption of innocence. However, in evaluating Westerfield's statements I am perceiving some lies.

657 posted on 08/04/2002 11:57:26 AM PDT by cyncooper
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To: demsux
Yesterday after a short walk (about two miles) I was swimming in sweat. No one was out -- no hoses, no people. Too sweltering in this age of aur-conditioners.
658 posted on 08/04/2002 12:12:07 PM PDT by bvw
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To: cyncooper
I personally, would like to see/hear the interrogation in it's entirety. Do you think LE would comply?
659 posted on 08/04/2002 1:39:08 PM PDT by Jaded
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To: I. Ben Hurt
I meant Neal's alibi for when Danielle went missing. There's been speculation maybe Neal had something to do with her disappearance.

Unless he borrowed Stealth Ninja Dave's invisiblity cloak and ruby slippers -- he's pretty well alibied (page 8451, line 23).

660 posted on 08/04/2002 3:08:44 PM PDT by dread78645
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