Trial of David Westerfield: Experts Testify At Closed-door Sessions: (DEFENSE BEGINS!! 7-02-2002)

Union Trib ^ | July 2, 2002 | Union Trib

[FresnoDA]

Animal genetics experts testify at closed-door sessions

SIGNONSANDIEGO

July 1, 2002

Two experts on animal genetics testified today in a closed-door hearing to determine if the prosecution will be able to call one last witness in the David Westerfield trial before resting its case.

One of the witnesses seen entering the courtroom for the hearing outside the jury's presence was Oliver Ryder.

Ryder is an adjunct professor of biology at UCSD and works for the Center for Reproduction of Endangered Species at the San Diego Zoo.

Joy Halverson, a canine DNA specialist with QuestGen Forensics in Davis, also testified.

A third man who took the stand declined to be identified.

Westerfield, 50, is charged with kidnapping, murder and misdemeanor possession of child pornography in the disappearance and killing of 7-year-old Danielle van Dam. The self-employed design engineer could get the death penalty if convicted of the felony charges.

Dogs have played crucial roles in the prosecution's case.

A volunteer handler testified last week that two search dogs alerted several times while sniffing in Westerfield's motorhome four days after the victim was reported missing.

Also, police evidence technicians say hair consistent with Danielle van Dam's dog was found in the defendant's laundry.

Superior Court Judge William Mudd is scheduled to announce his decision on the final prosecution witness when the trial resumes tomorrow morning. Mudd has told defense attorney Steven Feldman to be ready to call his first witness tomorrow. Feldman has indicated he should be able to conclude his case by July 15.

Feldman told the judge he plans to call insect expert David Faulkner to the stand to try to pinpoint the time of Danielle's death.

In his opening statement, Feldman said the child's nude body could have been placed off a road in Dehesa as late as Feb. 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize that Westerfield killed the Sabre Springs second-grader and dumped her body at the East County site shortly after she disappeared Feb. 2. Volunteer searchers found the girl's decomposing body off Dehasa Road on Feb. 27.

Westerfield was arrested Feb. 22.

[archy]

Denise Kemal testifies during the murder trial of
David Westerfield in a San Diego courthouse,
June 10, 2002. Kemel, 28, testified that Brenda
van Dam had introduced her to Westerfield,
accused of the kidnapping and murder of
seven-year old Danielle van Dam from
her Sabre Springs home last February,
at the start of a girls night out at a bar.

REUTERS//Dan Trevan/POOL - Jun 10 5:06 PM ET

Denise Kemal points to an exhibit showing photos of
Dad's Cafe while testifying during the murder trial
of David Westerfield in a San Diego courthouse,
June 10, 2002. Kemel, 28, testified that Brenda
van Dam had introduced her to Westerfield,
accused of the kidnapping and murder of
seven-year old Danielle van Dam from her
Sabre Springs home last February, at the
start of a girls night out at the bar.

REUTERS//Dan Trevan/POOL - Jun 10 5:10 PM ET

[Freedom2specul8]

SIGNONSANDIEGO

July 1, 2002

uniontrib.com
Two experts on animal genetics testified today in a closed-door hearing to determine if the prosecution will be able to call one last witness in the David Westerfield trial before resting its case.

One of the witnesses seen entering the courtroom for the hearing outside the jury's presence was Oliver Ryder.

Ryder is an adjunct professor of biology at UCSD and works for the Center for Reproduction of Endangered Species at the San Diego Zoo.

Joy Halverson, a canine DNA specialist with QuestGen Forensics in Davis, also testified.

A third man who took the stand declined to be identified.

Westerfield, 50, is charged with kidnapping, murder and misdemeanor possession of child pornography in the disappearance and killing of 7-year-old Danielle van Dam. The self-employed design engineer could get the death penalty if convicted of the felony charges.

Dogs have played crucial roles in the prosecution's case.

A volunteer handler testified last week that two search dogs alerted several times while sniffing in Westerfield's motorhome four days after the victim was reported missing.

Also, police evidence technicians say hair consistent with Danielle van Dam's dog was found in the defendant's laundry.

Superior Court Judge William Mudd is scheduled to announce his decision on the final prosecution witness when the trial resumes tomorrow morning. Mudd has told defense attorney Steven Feldman to be ready to call his first witness tomorrow. Feldman has indicated he should be able to conclude his case by July 15.

Feldman told the judge he plans to call insect expert David Faulkner to the stand to try to pinpoint the time of Danielle's death.

In his opening statement, Feldman said the child's nude body could have been placed off a road in Dehesa as late as Feb. 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize that Westerfield killed the Sabre Springs second-grader and dumped her body at the East County site shortly after she disappeared Feb. 2. Volunteer searchers found the girl's decomposing body off Dehasa Road on Feb. 27.

Westerfield was arrested Feb. 22.

[demsux]

In that picture of Denise pointing at something in Dad's, the bar stools appear to be "orange"...orange fibres?

[MizSterious]

You might enjoy these:

U.N. Sex Book Encourages Pedophilia and Bestiality

Paedophiles held in global raids

[FresnoDA]

ADDITIONAL WITNESSES, DENIED...

[Rheo]

Jim Frazee recalled by Dusek...court may be in session on Friday July 12.

[Jaded]

They must not have the testimony that Dusek wants. Whatever.

Frazee.... yawn.

[Freedom2specul8]

http://www.uniontrib.com/news/metro/danielle/20020506-9999_1m6westerfieldpapers.html

In all, court officials today released more than two dozen pre-trial motions and other court documents that have been filed by prosecutors and Westerfield's lawyers in the past few weeks.

Elsewhere in the documents made public today, prosecutors say Westerfield admitted to police that he was responsible for downloading the pornographic images onto his computer and disks. At his preliminary hearing, Westerfield's lawyers suggested that his teen-age son might have downloaded the images.

"The images were organized, categorized, and labeled so the defendant could easily locate the images he desired," Dusek wrote in the motion. "The images depicted very young nude girls, young girls involved in sexual acts with adult men and other young girls, and young girls involved in sexual acts with animals."

Westerfield, 50, "has admitted to the police that he was solely and personally responsible for downloading, categorizing and maintaining the images," Dusek stated. "Contrary to the insinuations attempted by the defense at the preliminary hearing, neither the defendant's son nor anybody else was responsible for this huge collection of computer images."

---

http://video.uniontrib.com/news/metro/danielle/transcripts/020506westerfield10.pdf

[Rheo]

email to breeder from Frazee....sent 2/22/02...I'd probably get in trouble for telling you this...but pride in Cielo....not supposed to discuss what happens on searches......Cielo reacted as he testified in court.

[FresnoDA]

Psychic Dog Handler....HHHHMMMMM!!!! The dog told me....

[Rheo]

incident report filed...asked to file detailed report..said couldn't as asked not to discuss case

[pyx]

Why did the cookie sale from a year ago, when she supposedly saw the plastic hanging from the kitchen due to the remodel, all of sudden just go away?

She wanted to see the results of the remodel when she went to his house that week.....so we don't just have Danielle in the house that cookie day but also from a year ago....how many other times and was the MH there then?

Nice snag. This is another important piece of information, in my opinion. If Danielle was in DW's house more than once, then that can more than easily account for much of the trace evidence.

[Rheo]

report written 2/19/02....crossexam

[Southflanknorthpawsis]

How desperate can the Prosecution be to bring this guy in front of the jury again? He had to be their worst witness. Unbelievable !!!!!!

[Rheo]

was aware of major media and websites on missing girl...aware of search..on 2/6 asked to go to impound lot w/dogs..asked to scent around MH at request of SDPD..said dog alerted and sniffed shovel....on 2/6 did not tell anyone about alert.....

[Rheo]

Did not tell anyone about alert per police statement.

[Rheo]

He may have..doesn't recall.......doesn't recall telling Officer?..that he did not alert.

[Rheo]

2/6-2/11 did not tell anyone about alert....to this date, 2/22..he has not told anyone of alert..until 2/22

[Rheo]

did not tell until he learned of blood in MH and DW had been arrested.

[NatureGirl]

Hello! Just checking in with a legal question before the fray.

Is the death penalty being called for because of the fact that death occurred during a kidnapping? I'm assuming this, from something that I read yesterday, but would like to know for sure.

So far, the prosecution has offered (very) circumstantial evidence for DW murdering Danielle, but has shown nothing zip nada in the way of evidence that he kidnapped her. No DW evidence anywhere in the VD house, right?

If they can't show that he grabbed her (kidnapping), how can the death penalty apply?