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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: MizSterious
If the jury is easily swayed by bias press reports prepare the hot dogs to toast as DW is fried.....It is brutal out there .EVEN Fox..had all the info wrong and then in essence judged him guilty..

Appeal stuff IMHO

81 posted on 07/15/2002 12:32:53 PM PDT by RnMomof7
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To: connectthedots
The Layla hairs in the motorhome are the best evidence that Danielle played in the motorhome. They may be the most important exculpatory evidence. They explain away the prosecutions best evidence.
82 posted on 07/15/2002 12:45:16 PM PDT by John Jamieson
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To: Defiant
But the dog, well, I'm sorry, I'm going to have to raise the odds. The chance that the Van Dams tracked that many dog hairs from their cookie visit into the Westerfield house is pretty small, even in Ms. Samantha's Santa Monica/Tom Hayden world. Give it 1 in 8, even though in the real world it's 1 in thousands.

Are you saying that since the Van Dam dog's hairs were in his motorhome and house that David Westerfield kidnapped Layla, too? Obviously I'm a bit thick, 'cause I don't see where you lay out how you arrived at your "1 in 8, even though in the real world it's 1 in thousands."

83 posted on 07/15/2002 12:47:57 PM PDT by shezza
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To: shezza
Glad to see you have a sense of humor. Hootin' back atcha.
84 posted on 07/15/2002 12:48:08 PM PDT by Defiant
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To: spectre
"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..."

All of these pro-DW threads are so full of hate towards the van Dam's, yet when DW's actually words are put into the public sphere you want to object.

Don't you realize that this is why Feldman begged to have these interviews sealed until after the trial is over?

If Feldman thought these statements were not incriminating he would not have tried to hide them from the jury in the first place.

You can't blame LE or the prosecutor for using what they have.
85 posted on 07/15/2002 12:48:26 PM PDT by hergus
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To: demsux
I wonder why LE burglary team was called for. Is that a customary response to a missing person report???

Denise testified that Barbara didn't come down from upstairs, at all. Denise said that Barbara came down, when it was time to leave. So- did Barbara stay upstairs by her lonesome? She was in the Masterbedroom? Did she take something from the VanDam Master bedroom????

None of the swing-set mentions that Barbara was at the table. They testified -Denise, Brenda, Rich, Keith, Damon all at the table- Mood was SOMBER..

So where was Barbara???--checking in on Danielle, maybe????
My point is that Barbara had at least 15-20+ (if we can believe what the swingers say) minutes upstairs alone with no witnesses as to what she was doing, until it was time to go.
86 posted on 07/15/2002 12:49:09 PM PDT by juzcuz
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To: Defiant
The dog hair in thr RV proves that Danielle played in the motorhome, 100%. Westerfield did not take the dog on 2/1.
87 posted on 07/15/2002 12:49:15 PM PDT by John Jamieson
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To: RnMomof7
Especially if they watch CNN or CTV. I think this break was a horrible idea, unless they had sequestered the jury the entire 10 days.

I think despite the lack of evidence, DW is going to fry on public opinion.
88 posted on 07/15/2002 12:51:47 PM PDT by ItsOurTimeNow
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To: FresnoDA
I'd like to do a poll and see how many people think your incessant song posting is offensive.

This case is about a dead child. You act like you've never followed a case concerning a dead child before. Most cases have their villains and their heroes. Not all children that are killed are from fine upstanding families that aren't easily parodied.

Your songs mock Danielle's memory and this very forum. It saddens me that people are having fun here at FR at Danielle's expense.
89 posted on 07/15/2002 12:57:26 PM PDT by hergus
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To: hergus
We are ALL very upset about the death of Danielle, but many of us think the evidence against Westerfield is very poor. We want the CORRECT killer to be fried, not just anyone. To kill the wrong person for her, truely would be defaming the memory of Danielle.
90 posted on 07/15/2002 1:02:09 PM PDT by John Jamieson
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To: Defiant
Well, since you asked :~)

You might try computing the odds for this crime happening at the house..if YOU took DW out of the picture...just for kicks.

I am hoping the Jury will look at the whole picture, and understand that he couldn't have possibly been in the house to snatch Danielle.

Gut feelings and instinct say he didn't do it. These same feelings say the odds of him being convicted with just the blood evidence are there. Mostly because we have heard from people like you, who won't listen to reason.

This does not mean I think the man is guilty, I don't. But the jury doesn't have the advantage of knowing some of the things we do, and the fact that there is supposed to be a GAG order, but CTV and talk shows STILL broadcast that the man is guilty and misrepresent the facts..is deeply troubling.

Even with you, Defiant..you pronounce him guilty, and the trial isn't even over? It's a reverse OJ situation. They had all the evidence that he was guilty, but we knew they wouldn't convict a "brother". There was blood, alot of blood...but the dried up glove didn't fit..so they must acquit?! The trial was a farce.

You don't want to consider the other evidence, or the man's character references...You don't want to consider that he couldn't be the killer...it's just the question of blood and fibers. BUT I say.."The bugs don't fit..you must acquit"...trace blood evidence be damned.

You had him convicted from the get-go...you can't get past this. Why bother with a trial?

You asked..:~)

sw

91 posted on 07/15/2002 1:02:54 PM PDT by spectre
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To: Defiant
I've read that kind of "statistical" analysis founded on much better data in the past. And debunked too. Why debunked, what debunks it? Do you want to know?
92 posted on 07/15/2002 1:04:00 PM PDT by bvw
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To: hergus
He probably wanted to have them sealed because they contained reports (hearsay) written by LEO's who were biased, and what was written would give a wrong impression of his client.
93 posted on 07/15/2002 1:05:06 PM PDT by Henrietta
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To: hergus
Your songs mock Danielle's memory

I, for one, think you are incorrect. I think they very deliberately mock the Van Dams and their friends. Big difference.

It saddens me that people are having fun here at FR at Danielle's expense.

Danielle is way beyond this, I assure you.

If you don't like the song parodies, don't read 'em. I skip over them, just because that's not what I'm here for.
94 posted on 07/15/2002 1:09:47 PM PDT by NatureGirl
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To: hergus
His words were taken out of context, hergus...surely you must know that! But I guess YOU just proved Feldman's point why he wanted them sealed to begin with.

sw

95 posted on 07/15/2002 1:12:18 PM PDT by spectre
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To: spectre
About that blood ... a fuzzy polaroid shot, spot cut from the jacket, tested. Chain of custody is questionable. If there was just one person in or near that chain of custody acting with malice ... the evidence could have been planted. No way to blow up a proper 35 mm photo and compare the blood spot while on the jacket at the scene, with the blood spot on the cut out patch.
96 posted on 07/15/2002 1:14:43 PM PDT by bvw
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To: shezza
Let me 'splain. The dog didn't open the RV, even if DW left the door unlocked. Nor was the dog in the DW house at the time of the cookie visit. The hairs of the dog that don't bark could only have gotten in the RV by transfer from Danielle at the time of her mythical sneak into the creepy neighbor's motorhome....or off of Danielle and/or DW on the night that DW kidnapped Danielle. The hairs in the house could have gotten there only at the time of the cookie visit by transfer from one of the 3 Van Dams...or off of Danielle and/or DW at the time Danielle was kidnapped.

Any hair of the VD dog in the motorhome is VERY suspect, even if you accept the defense theory that the blood got in there when Danielle was playing in the RV months previously. The odds of even one hair being in there are small. But when you have lots of dog hairs consistent with the VD dog in there, then you are talking big trouble for the defense. Now, you have to assume not only that this little girl jumped into the goat's RV, but that she had a lot of the dog's hairs on her clothes at the time, and that she dropped a whole lot of them on this chance occasion. The odds of that are pretty small.

There is a similar analysis with respect to the dog hairs in the house. You could explain a few hairs from the cookie visit, although it would be suspicious. But, the huge numbers of hairs that were found? Not reasonable to expect that number of dog hairs transferred, unless you assume that they came off of someone who had just been in contact with the dog, because he had just taken a little girl out of the dog's house.

For purposes of argument, I gave it a 1 in 8 chance of an innocent transfer of the large numbers of dog hairs consistent with the VD dog in both the RV and the house. I think the real world odds would be more like 1 in hundreds, if not thousands. The point is, even if you give VERY favorable odds to the defense, and give him all the benefit of the doubt, the numbers soon show that there is still a miniscule chance that DW is innocent. All DW has to do to minimize this dog evidence, as I pointed out, is to produce a dog, any dog, that spent time in his house and RV, and whose hairs are consistent with those that were found. Did Suzanne L. mention that dog? I didn't hear it. DW might also want to test the mitochondrial dna of the found hairs against this mythical dog, to see if they match the ones that are believed to be from the VD dog. Give us this mythical "real" dog (like OJ's "real killer"), and I withdraw the argument that the dog hairs increase the odds of guilt.

If Feldman does not present this dog, this will be a clear sign that there is no such dog OTHER THAN the VD dog. Like the Sherlock Holmes dog that did not bark, Feldman would be the attorney who did not present evidence that he would have if it existed.

97 posted on 07/15/2002 1:15:04 PM PDT by Defiant
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To: hergus
A lot of things sicken me. Such as quoting misinformation and disinformation from the LE leaks (later proven untrue--yet still quoted); such as people making up phony "statistics" to prove an otherwise nonexistant point; such as quoting someone out of context for the same reason (to prove an otherwise nonexistant point); such as ignoring exculpatory evidence because it doesn't fit in with the lynching party plans; such as requesting a lynching without benefit of trial (not you, but Southern "Free"bird); such as ignoring some obvious suspects among the van Dams and their friends; such as sanctifying all the van Dams do as though, because they're "victims", they should be exempt from normal sensibilities.

Lots to sicken people, and I am not alone in believing that. (Over 60 people do their serious discussions on another forum for that very reason.)

What sickens me most, however, is that despite the HIQs here (HangImQuick), the truth remains: Executing the wrong person is not justice for anyeone. Especially Danielle. Her killer is still walking around loose out there, I'm convinced of that.

98 posted on 07/15/2002 1:16:55 PM PDT by MizSterious
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To: Defiant
Why are you so dense? The dog and Danielle played in the motorhome is the only logical conclusion.
99 posted on 07/15/2002 1:20:36 PM PDT by John Jamieson
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To: John Jamieson
Some people see what they want to see. Nothing else.
100 posted on 07/15/2002 1:24:06 PM PDT by MizSterious
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