Westerfield attorney's begin defense: Dusek STUNNED by Defense calling for Keith Stone. Barb next?

Union Trib ^ | July 2, 2002 | Union Trib

[FresnoDA]

Westerfield attorney's begin defense

By Jeff Dillon and Steve Perez
SIGNONSANDIEGO

July 2, 2002

A recovery dog behaved normally during an inspection of the motor home of murder defendant David Westerfield, a police investigator testified at the outset of the defendant's case this afternoon.

Prosecutors rested their case Tuesday morning against the man accused of kidnapping and killing 7-year-old Danielle van Dam, but the judge said there is an unspecified witness the prosecution may call before the trial ends.

Attorneys for Westerfield began calling defense witnesses this afternoon.

Dog's behavior recounted
San Diego police homicide investigator James Tomsovic was the first witness called by the Westerfield's defense team. He was asked by defense attorney Robert Boyce to describe the behavior of Cielo, a search dog owned by Jim Frazee, during a search on Feb. 6.

"The dog went around the motor home with Mr. Frazee in close attendance," the officer said. "The dog examined each of the lower equipment bays on the motor home, again with Mr. Frazee in close attendance and that is all I can recall of my observing."

Frazee has previously testified that his dog "alerted" to the possible scent of a cadaver on the motor home.

Under cross examination by prosector Jeff Dusek, the investigator testified that he had no formal training in dog handling.

Neighbors testify
Two neighbors of Westerfield's followed Tomsovic on the witness stand. Though called by the defense to testify that the defendant left the motor home parked in the neighborhood often, Dusek elicted testimony from that that showed the defendant usually cleaned it before and after his travels.

No witnesses have recalled seeing the defendant do that on the weekend in Febuary that the victim, Danielle van Dam, disappeared. Westerfield parked his motor home around the corner from his home as television news crews invaded the neighborhood to report on the well-publized search for the child Feb. 2, and returned without it on Feb. 4, after embarking on a rambling journey around San Diego and Imperial counties.

Software enginer Mark Roehr, who lives across the street from Westerfield, testified that he and his wife Janet have socialized with Westerfield over the last four years. Roehr said the defendant would park his motor home in front of his home for a period of time ranging anywhere from a day to several days.

Roehr agreed under questioning from Boyce, that Sabre Springs was a family neighborhood where a range of school-age children could be seen walking its streets.

Roehr said he found Westerfield's motor home unlocked at one time.

Prosecutors have presented forensice evidence that blood and hair from the victim was found in the motor home.

The Roehrs returned to the Sabre Springs neighborhood around 3:30 p.m. on Feb. 2 after a day of house-hunting to learn of Danielle's disappearance, according to the testimony.

Westerfield appeared moments later in his motor home. Roehr said his neighbor was unable to get to his home because of the presence of the news media, and because authorities had taped off certain parts of the neighborhood.

"He pulled up on Briar Leafe toward Mountain Pass road then gave me a sign like 'what's going on?' " Roehr said. "Rather than try to explain through the window of the motor home, I just pointed him down the street toward Mountain Pass to find a place to park."

Under cross examination from Dusek, Roehr said that it had been several months since Westerfield had brought his motor home into the neighborhood. He also said that he had never seen school-age children in the motor home.

The couple had been in the neighborhood around 10:30 a.m. the morning of the girl's disappearance, but at the time had noticed nothing unusual, Roehr said, under the prosecutor's questioning. Westerfield was not seen in the neighborhood then, Roehr said.

Roehr also said he never checked the motor home's door daily to see if it was locked.

"Did it appear that when the motor home would be brought into the neighborhood it was in preparation for a trip?" asked Dusek.

"Typically, yes," Roehr said.

"Why do you say that?"

"Because I know that's what he does. He comes in, he cleans the windows, gets it ready -- because it's stored some place where it gets dirty. He gets it prepared."

The prosecutor noted that it appeared to be "a ritual" when Westerfield was planning for a trip."

On most occasions, Roehr said, Westerfield would be accompanied by his son, or a girlfriend.

'Helpful and friendly'
His wife, Janet Roehr, described her neighbor as "helpful and friendly" and his home as "neat and orderly."

Under questioning from Dusek, she testified that she had never been in the upstairs part of Westerfield's home, or his office.

She too recalled seeing Westerfield's motor home arrive on that Saturday afternoon, but admitted to Dusek that it wasn't typical to see him in the motor home alone. Typically, she said, someone drove with him in a car to assist in picking up and dropping off the motor home from storage.

"Did he have anyone with him this day," said Dusek.

"No," she replied.

Focus on hose:
Another neighbor, Paul Hung, said his relations with the defendant were cordial. Under questioning from Boyce, Hung said he had a "open invitition" to swim in Westerfield's pool. He also said it wasn't unusual for Westerfield to leave his garden hose out in the front yard.

Prosecutors have made much of a garden hose being left out in front of the defendant's home on the weekend the victim disappeared and he left on the trip in his motor home.

"Was it unsual for Mr. Westerfield to leave his hose unraveled on the front lawn?" asked Boyce.

"I don't think so," Hung said.

"You've seen it like that before."

"Yes I have."

Hung also verified that the motor home had been left in the neighborhood and that children were also seen in the vicinity.

Another defense witness shared little more with the jury than his name and title before being dismissed. Boyce asked Richard Maler, a San Diego police robbery detective, if he had interviewed Keith Stone on Feb 2. Stone, a construction project manager, was with Brenda van Dam and two of her friends the night before the victim vanished.

The interview took place at a police substation. But once Boyce asked Maler if Stone had told him where he had been that night, prosecutor Dusek raised an objection that led to a lengthy sidebar discussion between the judge and attorneys.

When it ended, the witness was excused without a public explanation.

The day's final witness was police detective Johnny Keene, who recounted the times he contacted Westerfield on Monday Feb. 4, upon his return to the neighborhood.

His first contact was around 9:30 that morning he said, under questioning from defense attorney Steven Feldman, and lasted until around noon.

There was a period of time when Westerfield accompanied them to an inspection of the motorhome on Skyridge Road.

The defense attorney appeared irritated when Dusek produced a photograph that showed Keene and other authorities looking through Westerfield's garage, with the defendant present.

The photograph, taken sometime between 10:30 a.m. and 11 a.m., was apparently introduced by Dusek to show the investigator was wearing gloves when he was going through the garage.

It appeared to be the first time Westerfield's defense attorney had seen the rather sizeable photograph.

"We see a man inside of his house," Feldman said, holding up the photograph for jurors to see. "Who's that?"

After Keene identified him as a police sergeant, Feldman noted the man was standing in the area of the washer-dryer.

"Do you see any sweat on Mr. Westerfield's armpits," the defense attorney said.

"Not in that photo."

Previously, authorities have testified Westerfield was sweating profusely when they contacted him, though the weather was relatively cool.

After the jury was excused for the day, Feldman complained that he had not been previously provided a copy of the photo.

Prosecutors rested their case
Prosecutors rested their case after calling an animal DNA expert who testified that hairs found on Westerfield's laundry and in his motorhome could have come from the van Dam family dog.

Westerfield is accused of sneaking into the van Dam's Sabre Springs house on Feb. 2 and abducting Danielle, then killing her and dumping her body off rural Dehesa Road near El Cajon.

Today was the 15th day of testimony in the case and the 17th overall day of court activity since the trial began on June 4.

Judge William Mudd told jurors before the start of a noon lunch break that an additional prosecution witness had not been able to develop his or her testimony due to the speed with which the trial began and that prosecutors might call that witness "if and when that witness becomes relevant."

Dog evidence

Lawyers spent much of Tuesday morning revisiting the testimony of a dog handler who said his dog "alerted" to the possible scent of a cadaver on Westerfield's motor home in a police impound yard on Feb. 6.

Canine handler Jim Frazee initially testified on Wednesday, June 26. Testimony didn't resume until today because jurors toured the motor home Wednesday afternoon and lawyers for both sides met with the judge to discuss witnesses and related legal issues on Thursday and Monday. There is usually no court activity on Fridays.

Though his dog, Cielo, sat down, looked at him and barked after sniffing a storage compartment, Frazee admitted he wasn't sure the dog had had a valid reaction until he learned on Feb. 22 that Westerfield had been arrested and a blood stain had been found in the vehicle.

The dog didn't give an "alert" after it was allowed to sniff a shovel and lawn chair stored in the compartment and failed to react after a second trip around the motor home, Frazee said.

"'I didn' t know what to make of what Cielo did and left the scene wondering,'" Frazee said, reading from a Feb. 22 e-mail he had sent to friends about the incident.

Both Cielo and Frazee's other search-and-rescue dog, Hopi, had failed to react during a previous inspection of the motor home at its storage area on Feb. 4.

A defense attorney for Westerfield asked Frazee if he knew he had the nickname "180-Frank."

"You have that because when you and your dog search in one direction, everyone goes in the other direction," Robert Boyce said.

"I've never heard that," Frazee replied.

Another dog handler, Rosemary Redditt, testified Tuesday morning that she saw Cielo's behavior at the motor home on Feb. 6 and had no question that the dog had actually given an alert.

Other developments

Animal DNA analyst Joy Halverson testified that dog hairs found on Westerfield's laundry and in his motor home could have come from the van Dam family dog, Layla.

Westerfield's lead defense attorney, Steven Feldman, questioned Halverson's credentials and methods, noting that her interpretation of the DNA evidence changed between her first report, a follow-up report and a presentation in the courtroom.

There won't be any court activity on Thursday, due to the Independence Day holiday, or on Friday.

Mudd told jurors he might have to change his rule against court activity on Fridays and hold a session on Friday, July 12.

Mudd has said he plans to take July 15-19 off for his wedding anniversary.

[BunnySlippers]

SHOW ME.

SHOW ME ... prove that no one else was considered. You're dodging. An article please.

[nycgal]

No, those who think Westerfield is innocent have played upon the instructions to the jury.

If you took a poll right now of everyone who has participated on these threads, I will bet that very few, if any, of us believe that DW is innocent. We are waiting for both the prosecution and the defense to present all of their evidence to the jury.

On the other hand there are a number of people here who are totally certain of DW's guilt and have made it their mission to force the rest of us to agree with them, evidence or lack of it be d#mned.

[luvbach1]

First, with all due respect to your opinion, the handprint was found in the motor home. I saw projections of it being compared with the post-mortem handprint of Danielle. So yes, she was alive, and she was in the motor home.I don't know exactly how he got her out of the house, but I know he did. So, speculating, I assume he walked out with Danielle wrapped in a blanket. It was risky, but it obviously happened.He possibly had parked another vehicle conveniently at the curb, avoiding the necessity of crossing the street, leaving it unlocked for ease of quick entry. He then drove to where his motor home was stored. Alternatively, he may have walked home and taken the child into his house. But this would have been extremely risky since police were on the scene before dawn.

[UCANSEE2]

If you were on trial and you were innocent, you would testify. You would do anything to save your skin. We all would.

If I were guilty, I would do anything to save my skin. (At least this is what I have seen those who are guilty do, you have nothing to lose.)

If I were not guilty, I would do as my lawyer tells me to.

If my lawyer told me not to testify , I would listen to his advice. If I didn't want to listen to my lawyer, I should have never hired him, I should have hired a better one.

[Rheo]

Just to be accurate..it was not a handprint...it was the print of the left ring and left middle finger....why do suppose they didn't print the entire horizontal cabinet over the bed?

[nycgal]

Thanks

[UCANSEE2]

I answered your earlier questions. You haven't answered mine. Every time I run into someone that won't participate in a two way conversation, the reason becomes real obvious.

Post #67. Can you answer truthfully?

[BunnySlippers]

I suppose I now need to remind people once again that we (as part of the general public) are not held to the same standard as the jury. We can form an opinion, we can talk about the case!!! Those who have claimed they are "on the fense" are apparently coming out and saying that the "wrong guy was pegged" ... an opinion. Free Republic ... a site with opinions.

[UCANSEE2]

What proof do you have that no one else was checked out?

Other people were briefly checked out in a matter of 24 hours. As soon as they started to latch onto DW (because of a statement made by BRenda) they quit following other leads. You don't have to believe me, go back and read the PH testimony, go back and read the Trial testimony, go back and read the press releases.<

[Jaded]

Well Dusek hasn't said yet. It's a work in progress. Here's a suggestion... Stealth Ninja Dave

[fatima]

To: AppyPappy

If he doesn't testify, he will get the chair.

If he does testify he will get the chair (actually a choice of lethal injection or the gas chamber).


50 posted on 7/2/02 7:22 PM Pacific by luvbach1

[luvbach1]

Refusing to waive his right to a speedy trial accomplished the same thing. Isn't that standard for defendants? And most of them do not go to trial nearly so quickly.You're not suggesting that's not what the defense wanted? I read in the San Diego Union-Tribune that that was precisely the defense's strategy.

[nycgal]

Rheo, am I correct when I say that the cabinet in the MH where DVD's prints were found is not the cabinet directly over the bed, but is to its right (driver's side)? If this is true DVD would have been standing on the floor of the MH, possibly opening the cabinet door and NOT laying on the bed as some have been posting.

[Karson]

But this would have been extremely risky since police were on the scene before dawn.

Sounds like you watch Court TV.

[BunnySlippers]

# 67. You didn't have many questions in there but I have made up my mind (subject to change if the defense comes up with anything). But I have an aversion to people who say they are "fence-sitters" when they are not ...

[FresnoDA]

Freep mail check...

[BunnySlippers]

v

I have read the testimony. No proof as to how many hours were spent on other people.

[fatima]

Then he will testify if he is innocence.So glad the spell police are not after us anymore.

[Rheo]

Yes...here is the pic of where her prints were found..at the bottom of the low cabinet on the moulding furthest from the wall...the entire horizontal cabinet was not even printed, until Jeff Graham noticed it and went to print it....all unidentified prints..the same as on the pocket doors (not sure where those are) kitchen drawer and someplace else..all unidentified prints....the cab was never printed

[luvbach1]

Ok, not a full handprint, but more than a fingerprint. As we know,the important thing is that it establishes her presence in the bedroom of the MH. Where did you learn they did not test for prints over the entire cabinet? Seems inconceivable that they would not.