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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: Rheo
Talking heads discussing the "reams, thousands upon thousands" of pictures of pornography on DW's computer, on CD-Rs beside his computer (?) and "hidden behind the bookshelf."
41 posted on 07/03/2002 9:16:15 AM PDT by shezza
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To: shezza
I won't even listen to them.

Did they happen to mention the two binders of Duseks were filled with duplicate pics???

Wonder how many were taken out?

42 posted on 07/03/2002 9:17:33 AM PDT by Rheo
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To: Rheo
Markus Lawton....bug guy I presume
43 posted on 07/03/2002 9:18:20 AM PDT by Rheo
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To: Rheo
Marcus Lawson....this guy has credentials....will be discussing the bug stuff I believe.....ex Secret Service, DEA, Customs, specialized in child porn crimes since 1988....not the bug testimony apparently
44 posted on 07/03/2002 9:20:50 AM PDT by Rheo
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To: shezza
Well, I "don't buy" how DW could have carried a live 7 year old child all the way down the street, crossed the street, and into his house or the SUV without leaving any evidence, without making a sound, and without anyone seeing him do so.

I'm surprised that neither the prosecution nor the blithering idiots on CourtTV haven't suggested that DW is a Jedi and can levitate objects with his mind.

"Yeah, that's probably how he did it. He's got internet access...he learned it on iwanttobeajedi.com. He can perform magic! He's not human! He's a sweaty, levitating, garden hose leaving-out, desert wandering MONSTER!"
45 posted on 07/03/2002 9:21:14 AM PDT by ItsOurTimeNow
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To: spectre; FresnoDA; Karson; All
Local coverage said that the appeals court overturned the judge's decision to not allow defense to copy some of the porn.

It was also mentioned that the prosecution's thumbnail picture that was touched upon yesterday could be exculpatory in that it showed Westerfield NOT sweating. FWIW folks. :)

46 posted on 07/03/2002 9:21:33 AM PDT by Southflanknorthpawsis
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To: Rheo
Taught LE about computer child porn
47 posted on 07/03/2002 9:21:45 AM PDT by Rheo
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To: Rheo
This guys credentials are still going....
48 posted on 07/03/2002 9:23:19 AM PDT by Rheo
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To: shezza; Henrietta; FresnoDA
I heard that! What the heck does Nancy Grace know..."I'm sure DW has internet access and voted"...SOURCE it, Nancy! Witch!

someone please add "Henrietta" to their ping list...please.

I only have a few minutes left till I'm gone from my TV....mixed emotions! Booo-whooo...

sw

49 posted on 07/03/2002 9:23:54 AM PDT by spectre
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To: Rheo
He coordinated and taught FBI agents and postal inspectors about child porn issues on computers.
50 posted on 07/03/2002 9:24:19 AM PDT by Rheo
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To: Rheo
primary tools used is software...EnCase...forensic software that allows times and dates to be accessed without altering original data.
51 posted on 07/03/2002 9:25:35 AM PDT by Rheo
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To: ItsOurTimeNow
Do I need to add levitating to my list as well?
52 posted on 07/03/2002 9:26:06 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
53 posted on 07/03/2002 9:26:51 AM PDT by Rheo
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To: Rheo
harddrives that had been copied by SDPD were aquired by Encase...rec'd and checked 4 computer HD including laptop...2 HP from office, 1 Gateway from sons bedroom
54 posted on 07/03/2002 9:28:24 AM PDT by Rheo
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To: Rheo
Love those slide-rule computer Geeks...:~).. You go Marcus!

sw

55 posted on 07/03/2002 9:28:55 AM PDT by spectre
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To: Rheo
He investigated the loose media in SD....zips and CD's....rec'd everything involved in this case....zip and CD were copied onto hardrive by SDPD
56 posted on 07/03/2002 9:29:21 AM PDT by Rheo
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To: Rheo
Thanks for the ping.. my internet was down for an hour..was afraid I'd miss the "online" action today.
57 posted on 07/03/2002 9:30:26 AM PDT by Freedom2specul8
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To: Rheo
investigated harddrives to look thru images and make observations and commets.....spent 125-150 hours doing this so far....EnCase was used on all
58 posted on 07/03/2002 9:30:40 AM PDT by Rheo
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To: Jaded
lol...it probably wouldn't hurt!

It should probably also be mentioned that Denise and Rich have both lawyered up with attorneys from the firm Dewey, Lye, and Howe. (g'head, say it out loud)
59 posted on 07/03/2002 9:30:41 AM PDT by ItsOurTimeNow
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To: Rheo
Encase allows for recovery of deleted files
60 posted on 07/03/2002 9:31:16 AM PDT by Rheo
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