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Westerfield Defense Begins Presenting Its Case: (Dusek stumbles to the finish line) July 3, 2002
KFMB ^ | July 3, 2002 | KFMB

Posted on 07/03/2002 6:41:25 AM PDT by FresnoDA

WAS IT ENOUGH???

alt

Westerfield Defense Begins Presenting Its Case

Defendants Neighbors Testify On RV And Children

 

POSTED: 12:06 p.m. PDT July 2, 2002Photo
UPDATED: 6:43 p.m. PDT July 2, 2002
SAN DIEGO -- The defense in the David Westerfield murder trial began presenting its case Tuesday. The defendant's neighbors testified Westerfield did not follow his typical routine with his motorhome the weekend 7-year-old Danielle van Dam disappeared.

Janet Roehr, who lives across the street from Westerfield in Sabre Springs, said Westerfield typically left the 35-foot motorhome at his house overnight before leaving for a trip.

He usually unloaded and cleaned it at home following a trip, she said, and normally had someone help him.

Roehr said she only saw the 1997 Southwind for a few minutes the afternoon after the girl was discovered to be missing from the neighborhood. She didn't see it again.

Her husband, Mark, testified he did not see the motorhome the day before.

The testimony likely did not help the defense case, which began directly after the midday lunch break. Three witnesses took the stand in the morning before the prosecution rested.

Janet Roehr said she saw the youngest child of Brenda and Damon van Dam chase a ball across the street just two weeks ago.

"Did you see the parents anywhere?" defense attorney Robert Boyce asked.

"No, I didn't," Roehr answered. She said that she had to leave her house and help the boy back across the street.

The van Dams testified earlier in the trial that they kept their children under tight rein, able to play alone along the sidewalk near their house but never across the street.

The defense has portrayed Sabre Springs as a family neighborhood filled with children.

Under cross-examination by Deputy District Attorney Jeff Dusek, both Roehrs said they never saw young children in the defendant's motorhome.

Westerfield, a 50-year-old self-employed design engineer, could be sentenced to death if convicted of kidnapping and murdering the second-grader, who lived down the street from his home.

He also faces misdemeanor possession of child pornography charges.

Westerfield's next-door neighbor, Paul Hung, testified that he saw the defendant's motorhome parked near Westerfield's home about 8:30 a.m. on Feb. 2, the day Danielle turned up missing.

"I saw the motorhome parked on the side (of the house)," Hung said. "No, I didn't see David that morning."

Hung testified that a half-hour later, the motorhome was gone.

That night, Westerfield was not around as searchers combed the area around the van Dam home, Hung testified.

Detective Johnny Keene was recalled to the stand and told Dusek that Westerfield was questioned the morning of Feb. 4 and again that afternoon and night.

In between, the defendant was free to do what he wanted, Keene testified.

Defense attorneys have alleged that Westerfield -- even though he wasn't under arrest -- couldn't leave and hadn't eaten when he spoke to authorities.

The final prosecution witness, Dr. Joy Halverson, of Quest-Gen Forensics in Davis, testified that the mitochondrial DNA found in four of five hair samples could have come from Layla, the van Dam family's dog.

Halverson said she found a complete match in two samples. She also said she found nothing to exclude the canine as a source for the hair.

Two samples with the full match came from Westerfield's motorhome, according to a chart prepared by the prosecution. One was in the hallway carpet, the other on a bathmat.

The evidence gave the prosecution another link between Westerfield and the slain youngster, who was found dead east of El Cajon on Feb. 27.

Last week, another DNA expert, Holly Ernst of UC Davis, said she was unable to get results from the samples that she could reproduce.

Halverson, though, said Layla's DNA sequence was found in 23 of 267 dogs in her database, or one in nearly 12.

Those numbers, though, are where she ran into trouble in cross-examination by defense attorney Steven Feldman.

Halverson admitted a mathematical error when she narrowed the field in her database from 358 dogs to 267. She said she filed an amended report. The chart shown to jurors gave a third set of numbers.

"Is it good science to make a mathematical error three times in the same data set?" Feldman asked.

Halverson called it human error.

Earlier, a volunteer dog handler testified that he sent an e-mail saying he "was bursting with pride" on the day Westerfield was arrested in connection with Danielle's disappearance.

Jim Frazee, who volunteers with the San Diego County Sheriff's Department, sent the e-mail to three friends on Feb. 22 -- 16 days after his dogs examined Westerfield's motorhome at an impound lot on Aero Drive.

Frazee testified last week that one of the dogs, Cielo, gave an alert signal at the door to an exterior storage compartment on the passenger side of the vehicle while searching for the child's remains.

Under cross-examination by Boyce today, Frazee said he did not mention the alert in a report he filed because police investigators asked for the results to remain confidential.  Jim Frazee

"On Feb. 6, you don't recall telling anyone what the dog found?" Boyce asked.

"I don't recall what I told them," Frazee said.

The defense concentrated on the fact that, with no other report filed, the only evidence of Cielo's alert came from the e-mail after the defendant's arrest.

Boyce quoted Frazee's e-mail, which he said stated: "I wasn't sure, but I thought Cielo was giving his cadaver alert. I thought he may have been doing this just to please me. Today, however, came word of the suspect's arrest and that they found blood in the motorhome."

Frazee said the arrest raised his confidence in Cielo's finding.

Frazee's supervisor, reserve sheriff's Lt. Rosemary Redditt, said she watched Cielo's search of the outside of the motorhome and had no trouble recognizing the dog's alert at the storage door.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; vandam; westerfield
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To: shezza
screen captures #63-64
another hotmail message to dnwest@hotmail.com from pinkforfree.com
161 posted on 07/03/2002 10:23:56 AM PDT by shezza
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To: spectre
Have fun and be safe!
162 posted on 07/03/2002 10:24:09 AM PDT by Rheo
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To: spectre
Spec, have a safe trip...and a nice holiday!!
163 posted on 07/03/2002 10:24:50 AM PDT by Freedom2specul8
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To: shezza
#65-66 is html file 12/15/01 8:22 pm to Daily Toon
Henpai (?) Japanese pornographic cartoons
164 posted on 07/03/2002 10:24:59 AM PDT by shezza
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To: shezza
You doing ok?....had to eat....let me know if and when you want a break.
165 posted on 07/03/2002 10:25:09 AM PDT by Rheo
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To: shezza
Hentai
166 posted on 07/03/2002 10:25:36 AM PDT by bvw
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To: jacquej
David's life is ruined regardless of the outcome of the trial.

About the mother, it was just something that I heard, I believe it originally came from a radio report in SD. Who knows if it's even true. Go figger.

167 posted on 07/03/2002 10:25:39 AM PDT by Jaded
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To: ~Kim4VRWC's~
not sure if they can connect his son to the child porn though

Well, so far it gives me reasonable doubt. If the son was surfing for Teen Porn-- it's not such a stretch for me to think the child porn was Neal's and not DW's.

168 posted on 07/03/2002 10:25:55 AM PDT by Mrs.O'Strategery
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To: Rheo
yes - I think they made reference to another date - similar time though - like maybe it was a habit for neal to look at porn around 4:45 - just guessing.
By the way - I just caught up on all the stuff from yesterday - you did another great job of keeping us all informed - thanks so much.
169 posted on 07/03/2002 10:26:03 AM PDT by mommya
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To: shezza
#67 is html file with image that goes with #65-66 (created 12-15-01 but last access date for this image was 2-4-02)
170 posted on 07/03/2002 10:26:27 AM PDT by shezza
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To: RnMomof7
I implicated nothing..wasn't it you and I who bantered the other day about the possible cause of his shaking? If it was, you should remember that there was nothing hostile in my comments then, just like now.
171 posted on 07/03/2002 10:26:53 AM PDT by Freedom2specul8
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To: connectthedots
Feldman will most likely call the LEAs

OK I have figured out the DMW, SDSU, MH, SCOTUS, etc. but so far I haven't figured out the LEAs ;-)

172 posted on 07/03/2002 10:26:54 AM PDT by Spunky
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To: ~Kim4VRWC's~
And? Neal is 18. Will they arrest him?
173 posted on 07/03/2002 10:27:08 AM PDT by Jaded
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To: shezza
screen prints #68-69 are for "extreme asian bondage--the most sexually perverted site online"
174 posted on 07/03/2002 10:27:27 AM PDT by shezza
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To: shezza
A father covering for his son...who wudda thunk it
175 posted on 07/03/2002 10:27:57 AM PDT by demsux
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To: spectre
Looks like DW's son has raging hormones!

Imagine that?

I rememebr in pre puter days finding porn in my sons rooms..Out it went with a good lecture on sin and respecting women..recently my 15 year old grandson was found on line with porn..he is a nice kid. he got THE lecture ..he will be fine, just like his dad and uncles.

I do not approve..but lets lighten up a bit huh? Hormones are hormones

176 posted on 07/03/2002 10:28:08 AM PDT by RnMomof7
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To: spectre
have a safe trip sw.
177 posted on 07/03/2002 10:28:11 AM PDT by Mrs.Liberty
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To: RnMomof7
What a terrible thing. the man has lost everything..and his name will forever be tainted , and he has to allow his sons porn habits to be exposed...

He will be acquitted and I hope he sues the county to recover attorney fees as well as his good name.

178 posted on 07/03/2002 10:28:44 AM PDT by nycgal
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To: shezza
Can link images to an individual based on email address--these porn images are, in his opinion, to dnwest@hotmail.com
179 posted on 07/03/2002 10:29:13 AM PDT by shezza
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To: It's me
If his son wasn't there, then LE was accessing these files without a search warrant? Or was his son there? Too bad they didn't fingerprint the CD's found on the shelf.
180 posted on 07/03/2002 10:29:34 AM PDT by Jrabbit
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