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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
LOL~!@@!

(___|___)

701 posted on 07/03/2002 3:41:18 PM PDT by Freedom2specul8
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To: mommya
I don't think I've ever said I'd like to take him home..no.. LOL As far as "buns" go, well,....
702 posted on 07/03/2002 3:42:12 PM PDT by Freedom2specul8
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To: FresnoDA
This has got to be one of your worst BIASED THREAD TITLES yet. :-)
703 posted on 07/03/2002 3:43:20 PM PDT by Freedom2specul8
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To: FresnoDA
wrong thread.. LOL
704 posted on 07/03/2002 3:43:55 PM PDT by Freedom2specul8
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To: Rheo
She said I would like to take you BOTH home!!...she apparently wanted a pack of buns, not just a pair.

IN THE BRENDA'S CASE, and if Blue Jeans are involved....you are talking PACKED BUNS!!!


705 posted on 07/03/2002 3:45:01 PM PDT by FresnoDA
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To: ~Kim4VRWC's~
I wouldn't bring the stupid acting girls home either......go to their place..LOL...
706 posted on 07/03/2002 3:49:54 PM PDT by rolling_stone
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To: rolling_stone
LOL~!!!
707 posted on 07/03/2002 4:01:47 PM PDT by Freedom2specul8
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To: shezza
Catherine Crier is yakking over all the CTV court testimony. (What does the C in CTV stand for??)

Another short word that starts in c and ends in t.

708 posted on 07/03/2002 4:07:31 PM PDT by Erasmus
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To: ~Kim4VRWC's~
"That's right, ignore the message, attack the messenger..clintonese all the way..at least you are so consistent."

You flatter yourself. Trust me. You're no messenger. Spinmeister--maybe. And you, too, are consistent in your disdain for truth and the American way of justice.

709 posted on 07/03/2002 4:22:52 PM PDT by MizSterious
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To: MizSterious
Clinton and Gore try to use patriotic words while they are attacking their enemies too. Nice attempt to try to question my love for America. More clintonese speak. You are nothing but a flamer..LEAVE ME ALONE.
710 posted on 07/03/2002 4:30:13 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
Muahahahahahaha!

Last I heard, this was Jim Robinson's forum, not yours. I'll post where I want unless he tells me not to. Not a thing you can do about it, either.
711 posted on 07/03/2002 4:35:14 PM PDT by MizSterious
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To: MizSterious
this was Jim Robinson's forum

DUH!

LOL Telling you to stop trying to start another flame war is OK..ask Jim.

712 posted on 07/03/2002 4:38:52 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
I'm not flaming. I'm posting just like everyone else. If you have a problem with that, take it up with someone else, not me.
713 posted on 07/03/2002 4:48:09 PM PDT by MizSterious
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To: MizSterious
Whatever you say... (wink wink)
714 posted on 07/03/2002 4:59:06 PM PDT by Freedom2specul8
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To: Jaded
This way he can blame the jury. Just a bunch of idiots that can't get out of jury duty

LOL, but Jaded, please do your civic duty! We need people like you sitting on juries.

715 posted on 07/03/2002 5:35:45 PM PDT by Donzerly lights
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testing
716 posted on 07/03/2002 5:49:47 PM PDT by Freedom2specul8
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To: FresnoDA
I AM NOW OFFICIALLY LAUGHING OUT LOUD...... ON THE FLOOR BY THE WAY!!!

I have no interest about what you do to your pants.

717 posted on 07/03/2002 7:00:16 PM PDT by dread78645
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To: ~Kim4VRWC's~
I got the impression it was a flippant remark... You know, like how girls say, "ooh, look at his buns, I'd like to take him home"

About another woman ?

Kim, I'll ping ya next time i plan to go parting in Missouri. I'd like to meet some of your friends.

718 posted on 07/03/2002 7:07:16 PM PDT by dread78645
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To: Rheo
I thought that was on Monday but not sure, will try to find the article. I remember there was talk on here about Neil being at his Dad's that weekend when DW in the MH touring the desert,etc. and some thought the son was in the house but didn't answer the door when the LE came the first time. Can't recall how this discussion went, just that questions were asked here.
719 posted on 07/03/2002 7:09:39 PM PDT by BARLF
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To: BARLF
2/4 was on Monday...this is when Neil was coming home around 3:30-4:07...don't know if he had been there prior or not but that's what she said in testimony.

There was speculation that Neil was actually in his bedroom that morning when they walked thru the house as Keene testified he didn't even go in Neils bedroom.

You have a whole other thread to catch up on....get moving!!!:-)

720 posted on 07/03/2002 7:16:12 PM PDT by Rheo
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