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A LOOK BACK AT THE PROSECUTION'S CASE (180 FRANK)
KFMB-CBS ^ | July 2, 2002 | KFMB-CBS

Posted on 07/02/2002 11:03:37 AM PDT by FresnoDA

A LOOK BACK AT THE PROSECUTION'S CASE

(07-02-2002) - The prosecution began its case with emotional testimony from Brenda and Damon van Dam.alt

"I asked that the room not be cleaned. So we put one of the dog gates up and put a 'do not enter' sign on the door," said Damon van Dam as he talked about Danielle's room.

"Do you need a moment, or are you able to continue?" asked prosecutor Jeff Dusek on the second day of the trial.

"I'll try. I'll try," replied Damon van Dam as he began to get choked up.

Brenda van Dam then took the stand on the third day of the trial.

"Who is your next child?" asked Dusek.

"Danielle," replied Brenda, sobbing on the stand.

"How old was she?"

"She's seven," said Brenda as she began to cry.

They answered a number of questions about Brenda's "girl's night out" and smoking pot the night Danielle disappeared.

Denise Kemal also talked about their lifestyle.

"So you never engaged in sexual relations with Damon and Brenda van Dam?" asked defense attorney Steven Feldman.

"Yes I did, but with Damon. It was more of a swap," said Kemal.

After that, testimony focused on Westerfield's wanderings. And the prosecution played a portion of Westerfield's tape-recorded interview with police.

alt"This whole story sounds weird to everybody else, but it make perfect sense to me," said Westerfield.

The prosecution pointed out inconsistencies in Westerfield's story. He said he left Silver Strand because it was cold, but campers testified it was a nice day.

He also said he didn't have his wallet, but an employee said Westerfield showed it to him.

"He pulled out his wallet and showed me four, three or four twenty dollar bills," said Silver Strand employee, Donald Raymond.

Then at Galamis, a tow truck driver said he thought he heard Westerfield talk to someone. And there was an inconsistency in Westerfield's testimony about his trailer.

The physical evidence was then introduced, starting with two fingerprints next to the bed in Westerfield's motorhome.

"This print, or these two prints from this handprint was made by, were made by Danielle van Dam," said SDPD fingerprint analyst, Jeff Graham.

"How certain are you?" asked prosecutor Dusek.

"Absolutely certain," replied Graham.

And DNA experts testified that bloodstains on Westerfield's jacket and in his RV were without a doubt from Danielle. But when it came to fiber and hair evidence, the experts were not as certain.

An orange fiber in Danielle's necklace and blue fibers around her body matched fibers in Westerfield's laundry. And five fibers similar to Danielle's carpet were found in his RV.

"I believe these carpet fibers from 74, 60, and 155, could have come from Danielle van Dam's bedroom," said SDPD criminalist, Tanya Dulaney.

Experts also testified that Danielle's hairs and 24 hairs similar to the Van Dam's dog were found in Westerfield's laundry, trash, bedding, dry cleaning and RV.

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.

Today, an expert on animal genetics is expected to testify as the prosecution's final witness in the trial of accused child killer David Westerfield.

Dr. Joy Halverson, a canine DNA specialist with QuestGen Forensics in Davis, testified yesterday during a six-hour closed-door hearing held to determine if prosecutors could call one more witness.

Oliver Ryder, a UCSD adjunct professor, who has published articles on mitochondrial DNA, also testified at the hearing.

Superior Court Judge William Mudd is scheduled to announce his decision on the final prosecution witness when the trial resumes this morning.

Mudd has told defense attorney Steven Feldman to be ready to call his first witness today. 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 February 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize that Westerfield, a twice-divorced father, killed the Sabre Springs second-grader and dumped her body at the East County site shortly after she disappeared February 2. Volunteer searchers found the girl's decomposing body on February 27.

Westerfield was arrested February 22.


TOPICS: Extended News; News/Current Events
KEYWORDS: 180frank; california; fresno; fresnoda; hahahaha; sandiego; sneaky; vandam; wefoundyou; westerfield
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To: FresnoDA
OhhhhHHHHhhHHHhhh!!!! MORE evidence of the Westerfield hose being unrolled! HOW MANY MORE HAS HE KILLED???
41 posted on 07/02/2002 2:33:12 PM PDT by MizSterious
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To: MizSterious
Kimbo is in a full lather meltdown on the VD Apologist thread....the Roehr's were very credible.

FresnoDA
42 posted on 07/02/2002 2:47:37 PM PDT by FresnoDA
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To: FresnoDA
I see her trying to make a big deal of pubic hair in the motorhome. You know how some people are--if it ain't beast-ee-ality, porn or public hairs, not worth talking about I guess.


43 posted on 07/02/2002 2:49:42 PM PDT by MizSterious
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To: FresnoDA; MizSterious
We learned the Motor Home was left unlocked at times..and DW has nice friends..

Yeah, Miz, wait till someone in particular, hears about the puter porno, journals and Homo rumors at the Smart residence...Maybe THAT will keep her busy :~)

sw

44 posted on 07/02/2002 2:50:56 PM PDT by spectre
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To: MizSterious
Dusek not closing, waiting for outstanding DNA testing to be completed...
45 posted on 07/02/2002 2:51:15 PM PDT by FresnoDA
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To: FresnoDA
Isn't this "we didn't have enough time to get prepared" wearing abit thin? They've had well before the trial and all this time during the Prosecutions portion to get their evidence and DNA back.

They are full of excuses.

sw

46 posted on 07/02/2002 3:05:26 PM PDT by spectre
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To: spectre
If they didn't have enough evidence, they should never have charged him with murder. I know, I've said it before, but I thought it was worth repeating.

Note to police: 1. Get evidence first 2. Then arrest.


47 posted on 07/02/2002 3:09:21 PM PDT by MizSterious
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To: MizSterious

Congrats jaded...you win the 666 post!!  Lucky dog...I was trying for that number....

FDA

altMajor ritual "sabbat" dates on the Occult/Witchcraft/Satanism calendar.

This date sticks out....February 2, 2002    Danielle Van Dam, Age 7

 

DATE: October 31 NAME: *SAMHAIN; ALL HALLOWS' EVE; HALLOWEEN; NOVEMBER EVE WITCHCRAFT: Rituals to contact the dead SATANISTS: Sexual and blood rituals with animal or humans & animal or human sacrifice

DATE: December 21/22 NAME: YULE; WINTER SOLSTICE; WITCHCRAFT: Rituals celebrating the rebirth of the sun SATANISTS: Sexual rituals, animal or human

DATE: February 2 NAME: IMBOLIC; IMBOK; CANDLEMAS; OIMELE; LADY DAY; BRIGID DAY WITCHCRAFT: Sexual rituals; Celtic triple goddess Brigid honored. SATANISM: Sexual rituals, human


48 posted on 07/02/2002 3:15:09 PM PDT by FresnoDA
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To: MizSterious

alt"Hi Paul, My name is Denise....I am "Fascinated" by your middle name.  What is your sign?  I am a Virgo!!"


 

49 posted on 07/02/2002 3:27:07 PM PDT by FresnoDA
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To: FresnoDA
I'm going to have to leave for awhile. Hope nothing "good" happens while I'm gone.

If it does, someone please report?


50 posted on 07/02/2002 3:38:59 PM PDT by MizSterious
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To: All
Alright! Johnny Keene, Boy Detective!
51 posted on 07/02/2002 3:44:42 PM PDT by NatureGirl
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To: FresnoDA; spectre; jacquej; All
Woops, I might have finally done it--if I'm gone from FR, look for me over at FR Refugee site!
52 posted on 07/02/2002 4:57:38 PM PDT by MizSterious
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To: MizSterious
Be glad you weren't here. I had NO POWER from the end of the lunch break until now. I am so behind!!
53 posted on 07/02/2002 5:27:58 PM PDT by Politicalmom
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To: MizSterious
WHAT did you do, Miz???
54 posted on 07/02/2002 5:34:37 PM PDT by Politicalmom
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To: Politicalmom
Well, it was on "the other" thread. I'm off of it now, though, for my own mental health. I should have known better than to go there anyway.
55 posted on 07/02/2002 5:51:41 PM PDT by MizSterious
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To: Politicalmom
Power loss--we had our lights dimming quite a bit too, t-storms in July are rare in Oklahoma though, so I hate to complain!


56 posted on 07/02/2002 5:53:39 PM PDT by MizSterious
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To: MizSterious
Nahhh, you're still with us..

Going to bed now, ya'll get some rest too. It's been a long day!

sw

57 posted on 07/02/2002 7:38:47 PM PDT by spectre
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