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.

[theirjustdue]

"Men's shorts and swimshorts do not use ''thin'' material for fear of the see-through factor."

A visit to a swimsuit shop may convince you otherwise. Regarding the see-through factor, I heard no evidence indicting that the clerk saw anything terribly revealing through the fabric, other than stating that it was of a thin material.

"OTOH, thin material on what is more than likely the horndog's undies would be common cuz they need to feel comfortable underneath jeans, sweats, pants, jeans and shorts.

You're hypothesizing here, Kim. Traditional boxer shorts (as in underwear) are comfortable and are constructed of a medium cotton weave. There are also thinner fabrics used in boxers as well, including silk, but there is no evidence to support that DW wore underwear into that shop.

"BTW, wonder what if anything was left out of the clerks testimony..."

Not unless the judge ordered it stricken from the record for good cause.

[Karson]

I'm SO sorry! It's terrible when that happens. We live in the country and have to swerve for squirrels and rabbits.

[pinz-n-needlez]

Ouch. We live in a rural neighborhood with Kamikazee Rabbits. It's hard to avoid them. If the cat was a stray, perhaps you did it a favor by providing it with a quick and merciful death. RIP, kitty.

Layla had a similar problem hurling herself into Damon's leg. And he was considerate enough to giggle as he testified to the story. I'm sorry, that should be inconsiderate.

[Freedom2specul8]

She said thin material..and she's the least likely to be involved in the conspiracy against dw. She stated his behaviour was odd, he was withdrawn, he couldn't look her in the eyes, would not carry on a converation, he was barefoot and in his boxers..nuff said.

[shezza]

Now on stand Detective Jim Tomsovic (?), wrote report about Frazee's dog visit to the impound yard.

[shezza]

Dog examined motorhome, Mr. Frazee in close attendance, that's all he recalls of observing. Wrote in his report that the dog did NOT alert.

[Rheo]

I killed a squirrel last year....I'm a progressive murderer!!....I'm not even going to watch Bambi now or a deer will be next on my list!!

I can't believe how much that shook me up...whoo.

[shezza]

Wrote an amendment to report to correct date, in updated report did not amend dog's lack of an alert.

[jacquej]

Rheo, we live in a rural area, and every year someone is killed by a deer running out this way.

Thank your lucky star that it wasn't a deer!

[pyx]

I heard a rumor that the Border Patrol folks won''t use them, because in their training, they expect the dog to check car after car after car, all day long, and the Mainois gets so bored by repetitive training that they shut down, and start doing extraneous things, such asfooling around to entertain themselves.

[Border Patrol Officer to his dog] Rex ! Out ! [pause] Out ! Small Mexicans are NOT chew toys !
[Rex gives his handler that glance with one eye guilty look.]

[Rheo]

I am....we have quite a few deer out here.

Are we on the defense case now?

[theirjustdue]

" he was barefoot and in his boxers..nuff said."

If you wish to stand by a misrepresentation of the facts, I will gladly let it drop. Nuff said, I guess.

[shezza]

Cross: Frazee, volunteer lieutenant and a couple of police detectives were there before he arrived. He did not observe anything that took place before he got there. During the examination, they stood at the front of the MH (20' away) watching. Saw dog around the open compartment.

[shezza]

Not trained in dog behavior, has watched dogs work on occasion, but never handled them himself.

[Freedom2specul8]

Ok he was barefoot, and in shorts/boxer shorts made with thin material...

[jacquej]

ROFL... would be typical...

[shezza]

Did not see dog show any particular attention to any of the compartments.

[Freedom2specul8]

http://www3.niu.edu/acad/psych /Millis/mainsheet.htm

[shezza]

Spoke with Frazee after dog completed sniffing, did not give him any particular instructions. Frazee left, as did Reddic (sp?).

[shezza]

Re-direct: Did not see dog bark or wag its tail.

Who opened the compartments?
"I did."