New evidence implicates Westerfield: (Dusek Fires Final Shot?) Trial Thread, July 10, 2002

Union Trib ^ | July 10, 2002 | Steve Perez/Greg Magnus

[FresnoDA]

STOP CRYING YOU BIG BABY!!!!

OR YOU WILL BE ASKED TO LEAVE......

Susan L., an-ex girlfriend of defendant David Westerfield, broke down under questioning from prosecutor Jeff Dusek, during proceedings July 10, 2002 at the San Diego courthouse. Westerfield is accused of the kidnapping and murder of seven year-old Danielle van Dam from her Sabre Springs home last February. REUTERS/POOL/Dan Trevan/San Diego Union-Tribune

[NatureGirl]

So, correct me if I'm wrong...Dusek is saying that the fly activity didn't start until animals had started working on the body (this is where he seems to be going, at this point - I've turned him down so I can type). What he seems to be getting at is animal activity didn't start until the 16th or so - the body is lying out in the open, and animals didn't bother with it for 2 weeks.

[Freedom2specul8]

OK..

This kind of a case has never been experienced by bug doc

[the Deejay]

"We need to look at ME 's testimony on bugs and compare."


Well, I recall a LOT of the ME's testimony & the forensics that were at autopsy. They indicated a good deal of insects.

[UCANSEE2]

To make conclusion you take known situ. compare to testing situ.

But this was abnormal year. yeS

BUt I have done testing for years, and have had these weather situations, patterns of insect activity.

SO no,variety of insects down this year. YES. It is natural.

AFTERNOON BREAK ! !!! ! ! ! !

[Freedom2specul8]

LOL Yer distracting me..

The numbers and variety of insects are down this year.

[NatureGirl]

Lack of moisture content would not be attractive to flies, but would be for beetles.

[Freedom2specul8]

jury's told to be back at 3:20

[bvw]

This ain't Court TV.

[connectthedots]

Since Faulkner works for both prosecutors and defendants, I think he is simply answering the questions he is asked and putting the onus on Dusek and Feldman to ask the right questions to get the answers they want. I think Faulkner is being very even in his testimony. He dare not lean towards the prosecutor because Feldman would tear him up on cross examination. Remember, Faulkner has work for Feldman in the past so Feldman should be very knowledgable about the subject area of this testimony.

Dusek's failure to address the beetle larva problem is indicative that he wants to avoid it altogether and focus the attention of the jury on the maggots and flies which only establish a lastest date.

Feldman will briefly review the fly issues and then hammer away at the lack of beetle larva, which establishes a 'no earlier than date' for the disposal of Danielles body; a time frame that creates serious doubts that DW disposed of the body.

[sbnsd]

What he seems to be getting at is animal activity didn't start until the 16th or so - the body is lying out in the open, and animals didn't bother with it for 2 weeks.

Maybe the body was too 'fresh' for the animals.

[bolthead]

Sorry for the delay in responding. I stopped to eat (leftover pizza) while watching the bug guy (probably not the smartest idea).

When I wrote "by this point in the case" (and I probably should have said by this point in the trial) I was referring to after the Prosecution had presented its case in chief. As I understand it, that is when they are to present their primary evidence. So I would expect that we have now seen all the evidence that the Prosecution has. Correct me if I am wrong, but is it not a no-no for the Prosecution to save primary evidence to bring up during rebuttal?

So actually I think it should be that simple. The Prosecution should present to the jury all the evidence necessary for the jury to determine guilty beyond a reasonable doubt in their case in chief. The rebuttal would then be used to recapture jurors who have been swayed by the defense case.

My point was the Prosecution did not do its job in the case in chief.

[Freedom2specul8]

Ok, the gist of it is, there were less insects than one would expect because of the "mummification" profess.

[the Deejay]

Your post 941. Too good!! EXCELLENT!!

[spectre]

"Jury's told to be back at 3:20"

Super reporting, Kim..

sw

[Freedom2specul8]

profess means process in my tangled thumbs speak..

[pyx]

Are you following the cross-exam?

Yes, I am. None-the-less, the development stage of the Blue Bottle flys and the absence of beetle eggs are it. Its a wrap up. SD PD had a GPS on David Alan Westerfield from February 5th, 2002 until his arrest on February 22, 2002. He did not go to Dehesa Road according to law enforcement testimony earlier today. Danielle's body was not exposed to insects before February 16, 2002.

Therefore, based on this, I am comfortable with believing David Alan Westerfield is not guilty of dumping the body of Danielle Van Dam.

And for those who wish to persue this man further, I highly doubt he had a partner as no evidence or testimony in this case has indicated this.

[Freedom2specul8]

Give me credit, that was unbiased reporting AND I just started 2 sentences before that. :-D

[spectre]

Good explanation...keep connecting those dots. I'd hope Feldman gets the last word and it stays with the Jury. I'm still not comfortable with this...:~(

sw

[dread78645]

Mummification: What is it?
blah,blah,blah, explains mummi....
Does that delay decomposition, bug activity.
YEs, basically. Might attract more beetles.
If mummifying would that not attract more bugs.
COuld be.

Is Dusek arguing that the body was starting mumification before the critters got to it ?