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.

[Freedom2specul8]

One of my favorite posts from you..


Westerfield Trial: Weekend discussion thread (7-29-02)



Posted by pyx to All
On News/Activism Jun 30 12:30 PM #539 of 775

One thing I might SPECULATE about is, the aftermath of this trial.

I think a LOT of people will be disappointed. And not necessarily from the findings (innocent or guilty) but from how abruptly the trial will end. I suspect what will disappoint many people is the lack of answers to fill in the blanks.

It is NOT the defense council's job to answer the question that interests amateur sleuths, "WHO DONE IT ?"

The defense only has to accomplish one task and one task alone and that is to convince a jury that there is reasonable double. That's it. Nothing more. Nothing less.

The jury is obligated, based solely on the evidence presented by BOTH the prosecution and defense, to decide on nothing more and nothing less. Is there reasonable doubt ?

I'd also point out the obvious that, there is a difference between 'presuming someone innocent' and 'reasonable doubt'. The former is the starting point in which one may or may not, arrive at the latter.

Again, nothing more and nothing less.

[demsux]

Actually, Keith Stone might just be the strongest suspect.

This guy is single (divorced), drinking heavily (shots), smoking dope, takes viagra, wants to be "hooked up", knows the VD home and goes to their home after the bar "for pizza and Barb".

Unfortunately, Barb has a thing for Damon, NOT Keith Stone. Maybe Damon satisfied her urges, BVD wouldn't want this exposed on the night her daughter disappeared.

Now, who were the last partiers to leave? Keith and Rich!!!! Who would have had an opportunity to leave the slider unlocked? Keith or Rich!!!

My Damon theory rests more on the possibility of him killing her unintentionally.

[Jaded]

Please be so kind as to explain in detail with the time line given how this drunken-over-weight-out-of-shape-balding-50-year-old-loser-pedophile-anal-retentive-ocd-neat-freak carried out this crime.

That is the $64,000 question.

Timeline:

1:45 Damon takes dog out
2:00 Brenda comes home and sees alarm light on
2:30 Brenda locks slider
2:45 Bren and Damon go to bed
3:00-3:30 Damon wakes up and sees alarm light on or pees or takes dog out depending on version.

Does that cover your description of the accused? I'd like to know how he did this with and leave NO trace of himself. That's all.

[Terriergal]

Don't forget

www.antichildporn.org

[RnMomof7]

I'll take six shares in 1 minute....

[theirjustdue]

"Do you guys think that the defense will PROVE that bvd etc., are always out looking for strangers to bring home?

You know, Kim, that the judge limited how much of the background, regarding VD social activities, to the night in question and didn't allow Feldman to delve much deeper. Based on the limitations of that ruling, I don't think we can automatically assume that there has not been more to their unconventional lifestyle.

"Do you thinkt the strangers will be subpeoned?"

Because of Judge Mudd's ruling on what can be brought in, I would seriously doubt it.

[UCANSEE2]

DId you all catch Feldman's play on the "DW was perspiring heavily". He was looking at the picture taken from DW's driveway, facing into the garage. He was questioning Keene.

DW was in the picture. Feldman asked Keene, do you see a bunch of perspiration (wet marks) under DW's arms?

Keene said, "NO". So, there goes another INCRIMINATING PIECE of NON-EVIDENCE. Just like the HOSE.

[Terriergal]

I think the problem is that we have no proof of any kind that Westerfield is a pedofile. Porno doesn't cut it

Didn't they say he had CP on his puter? That's pretty much all you need to have, as far as I know.

[Rheo]

I'm thinking Keith has info about the VD's that will not be favorable...something he said in the interview.....can't remember if the immunity talk was before or after his testimony....immunity for perjury perhaps?

[winodog]

I understand. I should have said I cant believe the airheads say the things they say.

[Freedom2specul8]

??????? We weren't talking about me southflank, we were discussing something else

Posted by ~Kim4VRWC's~ to Southflanknorthpawsis On News/Activism Jul 2 2:32 PM #472 of 864 "What kind of justice is it that destroys a man's life before guilt is proven?" If the police viewed him as the strongest suspect, what should they have done to prevent his life from being destroyed prior to the outcome of the trial? Also, no one is accusing the police of fouling this case up on purpose to destroy psfingst, correct?

If the theory is the LE has it in for the DA...How can the police dept be so incompetant and persecuted (per comments of trial watchers and the defense), and biased against the prosecutor..and yet be smart enough to have an orchestrated conspiritorial effort to help the DA lose the election..

Posted by Southflanknorthpawsis to ~Kim4VRWC's~ On News/Activism Jul 2 2:35 PM #473 of 864 Sorry.......you're getting too far out there for me to continue. I meant to leave it at my canine post and it's best that way. I only hope that you never serve on a jury; especially when a person's life is at stake.

Posted by ~Kim4VRWC's~ to Southflanknorthpawsis On News/Activism Jul 2 2:42 PM #476 of 864 ......interesting. I really looked forward to hearing your reply. We were discussing the issue surrounding the case..the effect of it on LE's MORALE, the destroying dw's life, politics, conspiracies, imcompetency and persecution. All of which are not being told to the jury..cept for maybe the incompentancy.

[theirjustdue]

"I guess this is what having tv's in court in leads to. I would say there is nothing wrong with it but when you have a few people on tv saying sensational things to spike ratings, we can only pray jurors are not influenced by them."

Well put and I agree with you 100%.

[RnMomof7]

Finding the body has saved DW's butt.
It was in the wrong place, and put there at the wrong time. Without the body many of us might feel different.

Perhaps for most..But I keep coming back to not ONE thing in that house ...NOTHING....not a hair, not a flake of dead skin..NOTHING...that weighs very heavy with me.

[Southflanknorthpawsis]

??????? We weren't talking about me southflank, we were discussing something else

Please spare me your games. I referred to your claim of "not having made up your mind completely" (your post #836).

You know that and this playing-dumb diversion is just the type of thing that makes you unpleasant and disingenuous.

[UCANSEE2]

I wasn't rebuking you, I was agreeing. Being sarcastic, a little, too. It wasn't meant to be at your expense, it was meant to be for your enjoyment!

[demsux]

Anyone know if Keith Stone is an attorney in San Diego? Or what he does?

[MizSterious]

"How long have you been following the threads?"

Obviously Bulldog is fairly well informed. I find that most informed people tend to to ask more questions, rather than following Court TV's take on things like it was gospel. I can always tell when someone has bothered to read the testimony and the motions--they generally have more questions. How DW got Danielle out of that house, for instance, is problematical for the prosecution.

Oh, wait, according to you, he didn't have to. It was an immaculate abduction, or else Scottie beamed her out.

[connectthedots]

At this point, I see no reason for Westerfield to testify. All Feldman has to say in closing arguments is that DW did not testify because he doesn't know anything about the disappearance of Danielle, so there is nothing for him to add.

[UCANSEE2]

But I keep coming back to not ONE thing in that house ...NOTHING....not a hair, not a flake of dead skin..NOTHING...that weighs very heavy with me.

Well, NOTHING of DW's in the House. But plenty of evidence from the real criminal. But NOTHING was done with that evidence. That is the real NOTHING that persists throughout the investigation of this case.

[RnMomof7]

Didn't they say he had CP on his puter? That's pretty much all you need to have, as far as I know.

So every married man or woman that LOOKS at porn is guilty of adultery?

WOW talk about the thought police....BTW the defense has not yet addressed that