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1 posted on 07/15/2002 6:55:51 AM PDT by MizSterious
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To: Rheo; FresnoDA; Mrs.Liberty; demsux; Jaded; RnMomof7; spectre; FriarTom; DoughtyOne; bvw; mommya; ..
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2 posted on 07/15/2002 6:57:42 AM PDT by MizSterious
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To: MizSterious
Good post, Miz.

The more normal the Defense paints Westerfield, the more Damon resorts to his Mad-Dog mode.

The character witnesses for the Van Dams are real losers themselves. Did they have any normal friends?

sw

5 posted on 07/15/2002 7:10:43 AM PDT by spectre
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To: MizSterious
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.

This writer has completely disregarded Feldman's re-direct examination. If Dusek does not come up with some credible rebuttal witnesses regarding Faulkner's testimony, the jury will have no choice but to find DW 'not guilty'. I am not convinced that DW is innocent, but so far, the prosecution does not seem to have met their burden of 'proof beyond a reasonable doubt'. If a guilty man walks, it will be because the prosecutor presented the case to the grand jury before sufficiently investigating the case.

53 posted on 07/15/2002 10:27:51 AM PDT by connectthedots
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To: MizSterious
bump for later reading
56 posted on 07/15/2002 10:33:08 AM PDT by Henrietta
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To: MizSterious
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.

Towards the end of Faulkner's testimony, there was no need to take notes because the unrefuted testimony of a witness hired by the prosecution stated with little or no reservations that the body could not have been disposed at the site where it was found prior to 2/16 or only a few days prior.

When asked if he knew of any possible explanation for the absence of particular insect activity that should have been present if the body was disposed at a time that could tie DW to the disposal, the answer was an unqualified "NO", and Dusek didn't even bother to recross at that point. In essence, Dusek conceeded the point that DW could not have disposed of the body.

At least some members of the jury must have seen this coming and at that point, there was no reason to additional notes.

What does the prosecution have for evidence at this point? One or two hairs in DW's house or motor home that can be identified as Danielle's, and a blood spot on DW's green jacket that apparently was not subjected to blood splatter evaluation and a very small blood spot in DW's motor home carpet. Could it be that Danielle had a bloody nose at DW's house when selling the GS cookies, dripped blood on the jacket undetected. Then there was the dog that scratched Danielle a day or two before the GS cookie selling trip. Danielle could have either accidentally or intentionally picked at the scab, causing blood to be deposited on the jacket.

Remember that the dry cleaner did not notice blood on the jacket when DW brought it in for cleaning, so why would anyone expect DW to notice. Certainly he would have checked for blood on it if he had worn it during a possible abduction, murder and disposal of Danielle's body. For that matter, one would think that he would have disposed of the jacket, because its absence would likely have not even been noticed. On the other hand, criminals do make mistakes and do stupid things; that's why many of them get caught.

Then there is the speculation that Danielle may have gone into the MH to play, with or without permission. The testimony of a neighbor about another child of the VDs playing in the street leaves the impression that the VDs did not closely supervise their children was likely offered to counteract the VDs testimony that they did watch their children as closely as they claimed.

DW may have killed Danielle, but there is presently so much doubt as to the theory of the prosecution or evidence to support that theory that a reasonable person could not say he is guilty beyond a reasonable doubt.

If DW actually murdered Danielle, I think the evidence could and should have been developed further before charging him and the blame for an incorrect 'not-guilty' would have to be laid squarely at the feet of a prosecutor desperate for re-election, a point Feldman may very effectively use in his closing argument.

65 posted on 07/15/2002 11:13:06 AM PDT by connectthedots
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To: MizSterious
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.

I wonder how widespread in the society is the concept of what the proof is (beyong reasoble doubt or not). I have feeling that the democratic ideas, movies and TV popularity contests might be the main intellectual source for the average juror.

208 posted on 07/15/2002 5:07:30 PM PDT by A. Pole
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To: MizSterious
I suspect bad journalism here. One thing I know: forensic entomology is hardly an "imprecise science."
1,103 posted on 07/17/2002 8:16:43 PM PDT by agrandis
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