Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 581-600601-620621-640 ... 721-728 next last
To: shezza
It really irritates me that they do that. They take breaks during testimony and do news, then at 6pm eastern they put the Profiler on even if courts still in session.
601 posted on 07/03/2002 2:48:00 PM PDT by gigi
[ Post Reply | Private Reply | To 583 | View Replies]

To: gigi
I would say you could count the number on one hand of 15-year-old boys that haven't wanted to look at nude women.

Yes, pornography goes beyond just simple nudity, but to act like boys are any different from the days of swiping their dad's Playboy is to be woefully naive.

Before anyone here decides to label me immoral or whatever......I DO NOT ENDORSE PORNOGRAPHY OR PLAYBOY READING !!!!!! I just live in the real world. I think the jurors do too.

If Clark thinks that they believe a 15-year-old boy would never access porn if able is more than ludicrous and almost insulting

602 posted on 07/03/2002 2:48:15 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 580 | View Replies]

To: Green
Feldman is up at bat.
603 posted on 07/03/2002 2:48:18 PM PDT by shezza
[ Post Reply | Private Reply | To 599 | View Replies]

To: John Jamieson
So maybe Armstrong didn't see any - and it was put there after he looked - by someone who wanted to make it look like DW accessed it - so they set up the password at Freedrive with something that would obviously be connected to DW - the last 4 digits of his ss#.
I can't believe I wrote that - I don't know whether to laugh or not. Is it too far out?
604 posted on 07/03/2002 2:48:21 PM PDT by mommya
[ Post Reply | Private Reply | To 591 | View Replies]

To: Green
Feldman..defense
605 posted on 07/03/2002 2:48:41 PM PDT by Rheo
[ Post Reply | Private Reply | To 599 | View Replies]

To: shezza
Thank you. Listening over internet and was getting confused.
606 posted on 07/03/2002 2:48:55 PM PDT by Green
[ Post Reply | Private Reply | To 603 | View Replies]

To: mommya
In this case, NOTHING is too far out!
607 posted on 07/03/2002 2:49:10 PM PDT by shezza
[ Post Reply | Private Reply | To 604 | View Replies]

To: mommya
You are good!
608 posted on 07/03/2002 2:49:39 PM PDT by Rheo
[ Post Reply | Private Reply | To 604 | View Replies]

To: shezza
Just got a wierd Emergency Broadcasting Test that cut out court audio!
609 posted on 07/03/2002 2:50:57 PM PDT by shezza
[ Post Reply | Private Reply | To 607 | View Replies]

To: shezza
Hope it was a test - only a test.
610 posted on 07/03/2002 2:51:46 PM PDT by mommya
[ Post Reply | Private Reply | To 609 | View Replies]

To: shezza
Me too....dang..wearing headphones and almost blew my ears out.
611 posted on 07/03/2002 2:52:24 PM PDT by Rheo
[ Post Reply | Private Reply | To 609 | View Replies]

To: dread78645
Nope. He had the "Opposite sides of the mushroom" from
Alice in Wonderland. This facilitates quick big/small changes.
612 posted on 07/03/2002 2:53:47 PM PDT by Politicalmom
[ Post Reply | Private Reply | To 456 | View Replies]

To: shezza
Has list of Internet Explorer history. Looking at access from 16:47 pm (2/4/02) on his screen print. Doesn't see any entries on the other list in the 1600s. Does that mean that this activity never happened? "No."

So what we see occurring at 4:47 pm (Teen Dreamer, Lesbian Bordello), not reflected in document 158 (has just received that document today).

613 posted on 07/03/2002 2:54:00 PM PDT by shezza
[ Post Reply | Private Reply | To 609 | View Replies]

To: rolling_stone
In CA, if LE is found guilty of contributing false evidence, they can be sentenced to the same punishment as one found guilty of the crime to which they contributed the false evidence.
614 posted on 07/03/2002 2:54:41 PM PDT by Donzerly lights
[ Post Reply | Private Reply | To 269 | View Replies]

To: shezza
5:20 pm - 8:00 pm 2/4/02, more surfing taking place. Email address to David Westerfield is checked at 17:57 (or something like that). Two people cannot have the same email address, but two people can share an email address.
615 posted on 07/03/2002 2:56:02 PM PDT by shezza
[ Post Reply | Private Reply | To 613 | View Replies]

To: shezza
what does it mean? Why did Feldman have surprise in his voice?
616 posted on 07/03/2002 2:56:28 PM PDT by mommya
[ Post Reply | Private Reply | To 613 | View Replies]

To: shezza
It appears the states report is missing stuff that this witness has or it is altered....???? or am I just really lost on this computer stuff??
617 posted on 07/03/2002 2:57:04 PM PDT by Rheo
[ Post Reply | Private Reply | To 615 | View Replies]

To: Donzerly lights
COOL!
618 posted on 07/03/2002 2:57:18 PM PDT by mommya
[ Post Reply | Private Reply | To 614 | View Replies]

To: shezza
Visit to the piggshause.com website and board. Lists davidwesterfield in URL. (?)
619 posted on 07/03/2002 2:57:58 PM PDT by shezza
[ Post Reply | Private Reply | To 615 | View Replies]

To: Rheo
Whose fault is it the pros. or def.? Why did Feldman seemed surprised a bit ago?
620 posted on 07/03/2002 2:58:31 PM PDT by mommya
[ Post Reply | Private Reply | To 617 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 581-600601-620621-640 ... 721-728 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson