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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???

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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: Rheo
So it was Anime???
281 posted on 07/03/2002 11:22:46 AM PDT by Jrabbit
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To: Rheo
#129 is slightly different...this is HP#1 now....at hotmail.com search found....DNwest....email sent to a family member in Australia....(Neil) is using office computers.
282 posted on 07/03/2002 11:24:15 AM PDT by Rheo
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To: Jrabbit
So far it is.
283 posted on 07/03/2002 11:24:33 AM PDT by Rheo
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To: FresnoDA
I am embarrassed for the Prosecution but not the least bit surprised. Imagine if DW had an less experienced and diligent court appointed lawyer...would all this have come out?
284 posted on 07/03/2002 11:25:04 AM PDT by rolling_stone
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To: Rheo
on HP 1....rec'd thank you for joining Anime.com..DNWest
285 posted on 07/03/2002 11:25:07 AM PDT by Rheo
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To: spectre
I got it. Henrietta, Welcome to the threads.
286 posted on 07/03/2002 11:25:09 AM PDT by UCANSEE2
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To: ~Kim4VRWC's~
Actually, Kim, I do feel better.

Now, follow the idea, and prove the truth, that you are not guilty of the allegations!

Maybe then you will comprehend why so many are fed up with you!
287 posted on 07/03/2002 11:26:05 AM PDT by jacquej
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To: FresnoDA
STEALTH NINJA DAVE

Share with all your friends and acquaintances. LOL

288 posted on 07/03/2002 11:26:10 AM PDT by Jaded
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To: Rheo
contacted by Feldman a month ago to examine discovery info...was not asked to determine who downloaded

?? Isn't that convenient!

289 posted on 07/03/2002 11:26:40 AM PDT by UCANSEE2
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To: Rheo
130-133..DNW anime....#134..text...#135..in box hotmail DNW 10/28/01.....another html file on 10/28/01...come see the hottest teen site out there.
290 posted on 07/03/2002 11:26:45 AM PDT by Rheo
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To: Rheo
Here comes the stuff about the zips...
291 posted on 07/03/2002 11:27:53 AM PDT by mommya
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To: All
Personally I doubt that DW had any interest in kiddie porn at all, and there are many ways this can have got onto his computer, including outright LE plant, disguised or mitigated slightly by saying it was done for some good purpose. The fact is, it is being used IMO illegally by the DA to slander DW's name and drag him through the mud, as if it somehow were evidence he had committed murder, abduction, sexual assault, etc.

IMO he should demand that the state either prove him guilty of kiddie porn, or be forced to a new trial deleting any reference to porn or computer contents.

292 posted on 07/03/2002 11:28:06 AM PDT by crystalk
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To: Rheo
meet young girls here for free....139..10/28/02..html..T he Hun.com?.....140...porn itself from hun.com..varifying images...including anime and bondage......going to zips next
293 posted on 07/03/2002 11:28:23 AM PDT by Rheo
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To: connectthedots
I read your profile. You will prevail in your case...I will be praying for you! Thank you for all of your perspective on this case.
294 posted on 07/03/2002 11:28:28 AM PDT by Mrs.O'Strategery
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To: mommya
Loose media.... and away we go...
295 posted on 07/03/2002 11:28:41 AM PDT by Jaded
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To: crystalk
IMO he should demand that the state either prove him guilty of kiddie porn, or be forced to a new trial deleting any reference to porn or computer contents.

If they removed it, they'd remove their claim of motive.

296 posted on 07/03/2002 11:29:19 AM PDT by sbnsd
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To: ~Kim4VRWC's~

Remember the time during the prosecutions presentation of its case and Feldman made the comment about there being "only 14" pornographic pictures and then there was a hearing in which the judge ruled the prosecutor could introduce all the pornography?

Some thought that Feldman made a huge error, but I had mentioned that someone of Feldman's qualifications and experience would not make such an major 'mistake' and that he did it for a reason.

I think today's testimony confirms my earlier evaluation. Feldman has successfully ambushed the prosecutor and the prosecutor will not be able to effectively respond. Dusek must feel like crawling under the table. How much more embarassing can it get? As bad as this is, I think Feldman has a lot more up hius sleeve.

"My gosh...why oh why did I choose the Gubment' Eggspurt?  Why oh why!!!

I am speechless......"


297 posted on 07/03/2002 11:29:24 AM PDT by FresnoDA
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To: crystalk
That puts them between a rock and a hard spot, doesn't it? The porn is the whole basis for motive, according to the prosecution, for kidnapping and murdering Danielle.
298 posted on 07/03/2002 11:30:04 AM PDT by Helen
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To: crystalk
Now, I think the question that needs to be asked is; Who told LEA's that DW had porn on his computer in the first place? They needed a reason to enter his home and search his PC, surely someone "tipped" them off. My questions are, who? And more importantly, why?
299 posted on 07/03/2002 11:30:15 AM PDT by ItsOurTimeNow
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To: jacquej
That's right, ignore the message, attack the messenger..clintonese all the way..at least you are so consistent.
300 posted on 07/03/2002 11:30:27 AM PDT by Freedom2specul8
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