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Defense has had no shortage of witnesses to make its case
SignOnSanDiego ^ | July 14, 2002 | Alex Roth

Posted on 07/15/2002 6:55:50 AM PDT by MizSterious

Defense has had no shortage of witnesses to make its case

By Alex Roth
STAFF WRITER

July 14, 2002


A week ago, Janet Roehr, a neighbor of David Westerfield's, testified at his murder trial about some of his routines, including his occasional habit of parking his motor home in front of his house.

Her testimony lasted 15 to 20 minutes, but what she said wasn't as important as what she did: She smiled at Westerfield.

Roehr was among a parade of defense witnesses who consider themselves friends of Westerfield's and who seem to like him, even as he stands accused of kidnapping and killing 7-year-old neighbor Danielle van Dam, who disappeared from her bedroom in Sabre Springs in February.

At various times during the trial, those witnesses have grinned at Westerfield, winked at him and laughed in his direction. One witness gave the 50-year-old design engineer the thumbs-up sign while leaving the courtroom.

Whatever else Westerfield's attorneys have accomplished so far, they have succeeded to some degree in humanizing their client. Legal experts said the importance of this achievement shouldn't be underestimated in a case in which the jury must decide not only guilt or innocence but also, potentially, whether he deserves the death penalty if convicted.

"They give the picture of Westerfield being a pretty normal middle-aged, middle-class guy," said San Diego defense lawyer Robert Grimes, who has been following the case. "It makes the jury wonder: Could this person really have done this horrible crime?"

During the guilt phase of a trial, rules of evidence place limits on character evidence ? that is, testimony about a defendant's personality. Nonetheless, a jury can get some feel for a defendant by sizing up his friends and evaluating how much those people stick up for him.

Several neighbors, some camping buddies and a female friend Westerfield hung out with at a Poway bar have testified. In large part, they were "people who seem like nice, ordinary citizens," said San Diego lawyer Mike Still, a former prosecutor.

One of the defense's most powerful witnesses was Westerfield's former girlfriend Susan L., who cried while acknowledging she still cares about Westerfield but hadn't seen him since shortly before his February arrest. She dated Westerfield for about three years after his divorce from his second wife. (Her last name is not being published to guard the identity of her daughter, who also testified.)

Her affection for Westerfield seemed genuine, although she admitted on cross-examination that he changed when he drank alcohol, that he once became "forceful" when drunk, and that he once waited outside her house.

In some ways she was a terrific witness for both the defense and the prosecution. For the defense, she made the point that Westerfield is a man who can attract a woman who seems sweet and normal. For the prosecution, she illustrated that Westerfield might have a dark side that goes beyond his alleged habit of collecting child pornography.

In addition to showing the jury that Westerfield has friends who care about him, his legal team has succeeded in raising questions about some of the prosecution's theories in the case, some legal experts say.

For instance:

 Prosecutors say Westerfield engaged in suspicious behavior by embarking on a meandering, two-day journey in his motor home on the weekend Danielle disappeared. He went from Coronado to the Imperial County desert and back again, traveling back roads and getting stuck in the sand twice along the way, he said.

But several defense witnesses testified that within the esoteric subculture of San Diego County motor-home enthusiasts, Westerfield's behavior wasn't necessarily that weird. It's not uncommon to drive back roads as a way of taking in the scenery and avoiding high winds on Interstate 8, they said.

 Prosecutors noted that Westerfield, who is compulsively neat and organized, took off that weekend without putting away his garden hose, which was uncoiled on the lawn. This shows he was in a hurry, they say.

But Westerfield's former girlfriend said it wasn't unusual for him to toss down the hose in the front yard before leaving on a motor-home trip. She also said the motor home got stuck in the sand during several camping trips she took with him.

 Prosecutors called a volunteer who testified that his cadaver-sniffing dog reacted to a side compartment of Westerfield's motor home during a search at a police impound lot.

Under questioning by the defense, he revealed that he never told police about his dog's behavior and that he was much less definitive about his dog's reaction in an e-mail he sent to the dog's breeder several weeks later.

 Prosecutors say child pornography found on computer disks in Westerfield's office prove he has a sexual affinity for young girls.

But a computer expert hired for the defense suggested that at least some of the pornographic images might have been downloaded by Westerfield's 18-year-old son.

Meanwhile, the prosecution ? which has succeeded in presenting a powerful body of forensic evidence linking fibers, blood and hair from the girl to Westerfield's house, motor home and sport utility vehicle ? stumbled once or twice in the past week.

Prosecutor Jeff Dusek leaned on several defense witnesses in a way that might cost him some credibility with the jury, legal observers say. And he may have come across as unnecessarily mean-spirited when confronting witnesses whose testimony conflicted with the prosecution's theory of the case.

"Prosecutors wear the white hat," said Still, the former prosecutor. "Don't beat up on witnesses you don't need to beat up on."

But Dusek had his stellar moments, too. His questioning of the defense's star witnesses ? insect expert David Faulkner ? was one of the most effective, and important, cross-examinations of the entire trial.

On direct examination, Faulkner, an entomologist with the Museum of Natural History, said flies on the girl's body indicated it was dumped at a time when Westerfield was already under 24-hour police surveillance.

But on cross-examination by Dusek, Faulkner appeared to contradict himself, admitting that strange weather patterns in February ? as well as the imprecision of the science ? made it impossible to know precisely how early the flies had infested the girl's body.

At the start of the trial, lead defense attorney Steven Feldman promised that the insect expert's testimony would exonerate Westerfield.

"Science is going to come to Mr. Westerfield's rescue," Feldman told the jury.

But by the time Faulkner left the witness stand, many of the jurors had stopped taking notes. They will be the final arbiters of whether Faulkner's testimony was relevant, and whether it made any sense at all.


Alex Roth: (619) 542-4558;


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; danielle; kidnap; lynchmob; vandam; westerfield
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To: gigi; MizSterious; Jaded; All
No, gigi...Damon said it either in the Preliminary Hearing or this one...that he didn't see anything wrong with what they did that night...still doesn't.

I'd have to do some digging to bring it up..but trust me, he did say it.

Miz, I'm gonna use your e-mail and voice my objection to the reporting. DW said those words when he was going on a little travel trip with the LE to show them the "route" he took, trying to be very helpful. They used it against him..the sorry SOB's.

sw

21 posted on 07/15/2002 8:09:28 AM PDT by spectre
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To: spectre
NEW SONG ALERT...Cups Down...in 5,4,3,2,1....
22 posted on 07/15/2002 8:25:38 AM PDT by FresnoDA
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To: MizSterious

Girls Just Want To Have Fun-Cyndi Lauper

PARODY; SWINGERS JUST WANT TO HAVE FUN

VERSE 1
Bren comes home in the morning light
With numerous swingers who want to stay up all night...
Oh Demon dear we are in store for some fun
These swingers, they want to have fun...
Oh Duh-Knees, tell me I'm number one!

VERSE 2
The alarm blinks, in the middle of the night
My husband yells at Layla, can't she sleep through the night??
Oh Damon dear I know that Barbra was fun...
But swingers just want to have fun...
Oh we all just want to have--

CHORUS
That's all they really want
Swing fun!!!
When the Qualcomm day is done
Demon--just wants to get some...
These swing girls just want to have fun

VERSE 3
Swingers like to take, little boys and girls
And educate them on the ways of the world...
Keith wants Barb, to let him also have fun..
These swingers, they want to have fun...
Oh Duh-Knees, tell me I'm number one!

CHORUS
That's all they really want
Swing fun
When the Qualcomm day is done
Demon--just wants to get some...
These swing girls just want to have fun

They want to have fun,
They want to have fun...


23 posted on 07/15/2002 8:27:31 AM PDT by FresnoDA
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To: FresnoDA
Another great one, FresnoDA!
24 posted on 07/15/2002 8:34:10 AM PDT by ItsOurTimeNow
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To: spectre
"No, gigi...Damon said it either in the Preliminary Hearing or this one...that he didn't see anything wrong with what they did that night...still doesn't."


But, But, But,all they did was have cookies and pizza, Damon gave Barb a little hug and a back rub. There's nothing wrong with that.

This has been bugging me for awhile. In a report Damon told an investigator to tell Brenda to tell about the sex so they could get on with the investigation. All they have testified to was he cuddled and kissed Barb... and sex a couple of years ago.

Now if that is all that happened that Fri.night why would lying about it even cross your mind?

Ya know, somethin like

... We went to a bar danced and drank, my friends came to my house and we had something to eat and we talked and they went home.

25 posted on 07/15/2002 8:34:47 AM PDT by gigi
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To: FresnoDA
It's a winner!

And when the trial is done...the Can Dams are gonna have fun....oh yeah...lots and lots of fun!

sw

26 posted on 07/15/2002 8:36:56 AM PDT by spectre
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VAN dams...not Can dams...(I hate those typo's) :~)
27 posted on 07/15/2002 8:38:00 AM PDT by spectre
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To: gigi
LOL, gigi...I'm not gonna touch that last paragraph with a ten-foot pole! Yikes!

sw

28 posted on 07/15/2002 8:39:51 AM PDT by spectre
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To: Jaded
Here's an idea I'd like to run by you and others: we've all wondered why DW would go to the dry cleaner's barefoot. Yesterday my husband and I went to the beach. On the way home, we stopped at the mall. My husband almost went into the store barefoot, before he remembered he'd put his sneakers in the trunk because they'd gotten so sandy.
Were DW's boots, shoes whatever all muddy or dirty after having gotten stuck in the desert? Oh sure, he should have just put on another pair, but maybe he forgot. Would something like that be a reasonable explanation? I know it was "chilly" that morning, but usually California "chilly" would not be considered uncomfortable almost anywhere else. Your thoughts, please.
29 posted on 07/15/2002 8:51:47 AM PDT by HoneyBoo
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To: spectre
SONG ALERT..IT IS INSPIRATION MONDAY in, 5,4,3,2,1...CUPS DOWN...
30 posted on 07/15/2002 8:53:18 AM PDT by FresnoDA
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To: mommya; All
Me And Julio Down By The School Yard -Simon & Garfunkel

 


DAVE AND BRENDA DOWN BY THE SCHOOL YARD.....

VERSE 1
Mama VD rolled outta bed, she ran to the police station
When the cops found out, they began to shout, and started an investigation
It's against the law, should be against the law
What Brenda saw, it was against the law

VERSE 2
Damon bent  down and ran all around the neighborhood in frustration....
The cop said,Damon who did this to you?
"That guy with the mobile vacation!"
He's always off to play... He don't know where he's goin'
With his toys in tow...goes to the sand or seashore....

CHORUS
It's got to be Davey, the bachelor from Sabre...
Saw him and Brenda down by the schoolyard
Saw him and Brenda  down by the schoolyard

(Instrumental break)

VERSE 3
In less than a day they took Dave away...
When the press let the story leak
The DA presumes, he's got a slam-shut case
Brenda's on the cover of Newsweek
He's always on his way, He don't know where he's goin'
With his toys in tow...goes to the sand or seashore....

VERSE 4
Sold his house and his car, all his possessions...
To acquire, a defensive attorney....
When the realtor tried, to sell his estate...
The VD's cursed from across the wide street...
It's a terrible sell....Barbs a mortgage banker...
Who wants to live next door...to people living like whores....

CHORUS
It's got to be Davey, the bachelor from Sabre...
Saw him and Brenda down by the schoolyard
Saw him and Brenda  down by the schoolyard

(Repeat)


31 posted on 07/15/2002 8:57:07 AM PDT by FresnoDA
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To: HoneyBoo
You're right about the shoes. There are times when I'll run to the grocery store for something looking rather shabby. Stop and put on make up and nicer clothes for milk? I don't think so. He's just running in to drop stuff off. It's not like he was going on a shopping spree or trying to get a date. Sheesh, Dusek expects David to wear what, a tuxedo?


32 posted on 07/15/2002 9:09:06 AM PDT by Jaded
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To: FresnoDA
I see you're in top form this fine Monday. LOL
33 posted on 07/15/2002 9:09:46 AM PDT by Jaded
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To: FresnoDA
Thank GOODNESS I put my coffee down when I read your alert!

Fres...you are giving Al Yankovich parodies a run for their money.
34 posted on 07/15/2002 9:10:28 AM PDT by Mrs.Liberty
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To: Mrs.Liberty; Politicalmom
Thanks...we need to do something, til Judge Mudd returns from his ROMAN HOLIDAY!!! BTW..when does Political Mom get back.??
35 posted on 07/15/2002 9:33:48 AM PDT by FresnoDA
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To: FresnoDA
Great song bump!
36 posted on 07/15/2002 9:45:50 AM PDT by vacrn
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To: spectre
Why? It sounds perfectly innocent to me:) (snickering)
37 posted on 07/15/2002 9:47:58 AM PDT by gigi
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To: FresnoDA
Did someone use my name in vain? I fly home tonight, so will be around tomorrow. I actually dreamed that I was posting replies on FR all night Sat. It wasn't the most refreshing sleep I have ever gotten..... : )
38 posted on 07/15/2002 9:52:17 AM PDT by Politicalmom
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To: Politicalmom
Did you dream you were bangin' your head against a wall?
39 posted on 07/15/2002 10:02:36 AM PDT by shezza
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To: shezza
How did you know THAT?? : ) heeheehee
40 posted on 07/15/2002 10:03:34 AM PDT by Politicalmom
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