Posted on 07/24/2002 10:44:59 PM PDT by FresnoDA
Bugs: The best witnesses? |
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On one side there are Danielle van Dam's fingerprints, her blood drops, strands of the 7-year-old's blond locks, hair from a dog like her weimaraner and carpet fibers that seem to be from her room. There is child pornography and a convoluted alibi even the defendant calls "weird." On the other side, the side for David Westerfield's acquittal, there are bugs. The pile of evidence painstakingly assembled by prosecutors in Westerfield's capital murder case got a jolt last week from an entomologist who suggested that insect evidence from the 7-year-old's body may exonerate the defendant, who is accused of abducting Danielle from her bedroom, killing her and then dumping her body.
Its practitioners say forensic entomology, which stretches back to 13th century China and has gradually gained acceptance in American courtrooms over the past two decades, is both art and science. There are only nine certified forensic entomologists in North America and about 30 more who offer their expertise in criminal cases without certification. When done correctly, a study of flies, maggots and beetles at a crime scene can yield crucial evidence about a victim's death, including the time and location, whether the victim had drugs in his system, and in some cases even the DNA of the perpetrator. But more than other forensic sciences like DNA analysis, forensic entomology eschews straightforward analysis. For analysis concerning time of death by far the most common task for entomologists in criminal cases there are no mathematical formulas, no easy calculations. Accuracy depends on the scientist's ability to determine how a host of variables at the crime scene, including temperature, precipitation, time of day, humidity and geography, affected insect life. "If you are not a very imaginative person as a scientist, you won't go far," said K.C. Kim, a Penn State professor and certified forensic entomologist. The subjectivity of the field makes for what another forensic entomologist, Jason Byrd of Virginia Commonwealth University, calls "showdowns" professional disputes over results. According to Byrd, haggling over conclusions has become increasingly common in the last three or four years as lawyers have become more familiar with the evidence and how to attack its credibility. "A court case with a single entomologist is a thing of the past," said Byrd, a certified entomologist who consults on about 100 criminal cases a year. A "showdown" seems likely in the Westerfield case. Just two days after damaging testimony from the defense entomologist, the San Diego district attorney's office hired M. Lee Goff, an entomologist from Chaminade University in Hawaii, to consult on the case.
The defense expert, David Faulkner, is particularly difficult to attack because he was initially hired by the prosecution. Faulkner, a research associate at the San Diego Natural History Museum, attended Danielle's autopsy and collected insects from her remains. Searchers found the second-grader in a trash-strewn lot three and a half weeks after she vanished. Her body was badly decomposed and the medical examiner could only offer prosecutors a wide range 10 days to six weeks for her time of death. Investigators hoped Faulkner could narrow that window to Feb. 2, 3 or 4, the days immediately following Danielle's abduction when Westerfield's activities seemed suspect. Faulkner examined maggots from her body and told authorities the insects began growing 10 to 12 days prior, putting the first infestation between Feb. 16 and Feb. 18. Infestation can start as soon as 20 minutes after a dead body is dumped outdoors. Faulkner's conclusion did not fit prosecutors' theory. Westerfield was under constant police surveillance from Feb. 5 until his arrest, offering him no opportunity to dump her body in the window of time the entomologist's testimony indicated. Faulkner quickly became a witness for the defense. The lives of insects If prosecutors get Goff or another expert to rebut Faulkner's findings, he or she will likely attack the defense expert on how he calculated the post-mortem interval (PMI), entomologist-speak for the first infestation. Insect life arrives at a dead body in stages. Immediately, flies land on a body. In as little as 20 minutes, they lay eggs. Those eggs hatch into maggots in a day, and those maggots feed on the body. The maggots molt repeatedly, and each stage of larvae is slightly larger, indicating to entomologists how long the insects have lived in the body. Beetles also are attracted to decaying flesh, and the size of their larvae also indicate the time they have been at the body. But just recognizing the size of the larvae is not enough. Entomologists must also determine the growth rate of the insects. There are two ways to do this. Experts can simply match the size to textbook tables showing the rapidity of growth in a climate-controlled laboratory or they can try to determine the growth rate by themselves. The latter is considered the most accurate, but also the most difficult. "It has a lot to do with the investigator's experience and intelligence and that has a lot more to do with art than science," said Kim of calculating the PMI. Among the crucial factors is weather. Hot temperatures mean quick growth, cold temperatures mean slow or no growth. Wind affects the rate as does access to water and other forms of food, like trash cans. Rain and humidity play a role, as well as exposure to sunlight. In the Westerfield case, prosecutor Jeff Dusek grilled Faulkner about how February's hot, dry weather might have affected his PMI conclusion. Faulkner acknowledged there were fewer flies last winter in San Diego than ever before, but refused to budge off his estimate. Entomologists also consider unnatural factors, like whether a blanket or sheet around the victim may have retarded insect life. Goff once worked on a case in Hawaii involving a woman missing 13 days. She was discovered murdered and wrapped in blankets. The life stages of the insects indicated a PMI 10 and a half days prior. To determine how the blankets affected the PMI, Goff wrapped a pig carcass in blankets and left it in his backyard. He found it took two and a half days for the flies to penetrate the blanket. Dusek quizzed Faulkner about the impact of some sort of shroud in the Westerfield case. There is no evidence Danielle's body was wrapped in a blanket, but the prosecutor got Faulkner to admit that a covering, perhaps later dragged away by animals, might have skewed his results. Will the jury care? But even when there are disagreements between entomologists on results, they rarely involve as wide a gap as in the Westerfield case. "A lot of the disagreements involve a variation in one day, two days," said Richard Merritt, a certified forensic entomologist and professor at Michigan State University. "Not over a week and a half. If it's that big a time, someone screwed up." If the prosecution cannot find an expert who substantially disagrees with Faulkner, the bug evidence would appear to be the defense's chief argument to jurors at closings. The defense has tried to chip away at the other forensic evidence. Defense lawyer Steven Feldman has suggested Danielle secretly played in Westerfield's motor home and left hair, blood and fingerprints on that occasion. Evidence in his home, the lawyer has hinted, might have been deposited when the girl and her mother sold him Girl Scout cookies. And fiber evidence could have been transferred when Danielle's mother was dancing with Westerfield the night of the abduction. None of those explanations carry the certainty of Faulker's testimony. But just how persuasive Faulkner's testimony will ultimately be is a subject of hot debate in San Diego, where the case dominates the media. Former prosecutor Colin Murray said the mountain of other physical evidence pointing toward Westerfield's guilt made the insect evidence little more than a footnote. "You're asking a lot of this jury to acquit this guy on capital charges based on the presence of bugs," he said. Even without a rebutting witness, Murray said, prosecutor Dusek could undermine the entomological evidence in closings by harping on the subjectivity of the field and asking the panel to instead rely on common sense. "Common sense tells you, if you're just looking at her body, that it's been out there a long time. It's severely decomposed," said Murray. But Curt Owen, a retired public defender, disagreed, saying that depending on how the prosecution rebuts the evidence, the case could end in a hung jury or even acquittal. "It may not be enough to say he's innocent," Owen said, "but it certainly is enough to introduce reasonable doubt." |
Actually, we were talking about finger prints a few threads back and I told you the four visitors (the 4 non-resident pizza gang members), didn't leave any identifiable finger prints.
They likely left all sorts of trace evidence, such as hair, and other identifiable DNA sources. LE wasn't doing DNA matches for them being in the VD home.
Maybe in the past, he wandered over, hoping for some actual or vicarious pleasure, by getting involved with the swingers.
Instead, he finds locked doors to the garage, but wide open access to the house. He wanders around, undetected. He learns the route, that way.
In fact, if the timeline on the night of the abduction allowed, this could explain his entry. Retrace steps for exit.
I don't know how the frost info enters into the bug activity. My bet is that Goff will provide a range that includes that saturday based on both mummy and frost.
Neither were my children or grandchildren. But you sure learn a lot when they grow up and start telling you of the antics they pulled.
I regret bringing this up. I only stated it to demonstrate why speculation should not become the basis of reasonable doubt (as stated in the jury instructions to CA jury approved by SC
It reminds of the questions that a child poses along lines of why is the sky blue ?
Wanted add some humor while I have time.
OFFICIAL DW TRIAL THREAD GLOSSARY
150-QUADTRILLION-TO-ONE= Proof that Danielle was an Alien whose DNA could not match any individual of the human population on 25 million earth-like planets
BARBED= Having reached the point of being too hot to handle for either the prosecution OR the defense.
BEETLEMANIA= resulting frenzy of hard-shelled insects when their party is moved to another location and postponed for another two weeks.
BUGOLOGIST=hound: a person who is an amateur entomologist who is convinced that the bugs have stated that DW is innocent regardless of blood, fibers, hair and child porn.
BUGOUT= When the first entomology forensics expert hired and normally used by the Prosecution is used to support the defense. As a result, the Prosecution goes out and hires another bug guy from far away that will testify the way he is told.
CHAMELEON-FIBER= a "dull orange" fiber that perfectly matches a "bright orange" fiber when viewed through the world's finest laboratory instruments.
DEJACKALED=Removal of definitions that were attacks by certain posters at other posters. Removal of non-productive REPLIES on a thread by refusal to make such a reply yourself, or respond to one made to you.
DUSEKED= to have your fragile house of prosecutorial cards collapse when your witness is FELDMANIZED.
DUSEKS MADNESS= the affliction someone has who knowingly attempts to send an innocent man to the death chamber in spite of glaring exculpatory evidence.
FAULKERNIZED= a natural process whereby maggots destroy a month's worth of court testimony in two hours.
FELDMAN FOR DUMMIES=The art of understanding how defense doesn't deny anything, doesn't deny the blood, hair, fiber and child porn..but spends his time deflecting it towards someone else.
FELDMANIZED - Judicially castrated; having reduced a reasonably intelligent witness to a blithering blob with the coherence of Rain Man and the believability of x42; usually accompanied by rhythmic thumping of DA's head on table. See DUSEKED.
FIRECRACKERS = Posters on a thread that appear as: A bunch of noise and sparks, a little fire, but mostly smoke, and then after a while, they are gone.
FISHES AND LOAVES PIZZA= A seeming unending supply of pizza. Can be bought at NOON on a Friday, and it will feed a family of 5, then will feed the same family of 5 + 2 more guests until 8:30pm, then will feed Mom,Dad, and four guests around 2am Saturday Morning.
GRACEFULL= full of self-importance (as in Nancy Grace), to the great annoyance of others
HELLOCINATING= the Swing Set's delusional belief that everyone they met wanted to come home with them.
HIGH LYING VAN DAMS=Description of the parents of Danielle Van Dam who were repeatedly getting HIGH while their daughter disappeared and met her death. Who now have exhibited a pattern of repeated lying about their activities to police, in the PRELIMs and in the TRIAL. In the meanwhile their daughter may have suffered unbelievable horrors until she met her death, yet they continued to lie. Even know, when finding or convicting the killer is of prime importance, they continue to hide the truth and protect their friends. Also they have gone on, after their daughters death. New BMW, trip to the state fair, and appearances in COURT where they display an unusual talent for ACTING. HOSED=being subjected to 24 hour surveillance due to unrolled hose in yard.
HTML CODE SHRIEKING - repeated use of large, colorful fonts in posts. To the annoyance of some, the amusement of others, and the bafflement of newbies.
INSECTOPHILE - To be conversant in life cycles and mating of obscure insects, sprinkled with multi-syllabic terms from college level biology and meteorology. Caused by prolonged exposure to a BUG GUY.
THE IMMACULATE ABDUCTION= The kidnapping of Danielle Van Dam by an unknown (Alias SUPER NINJA DAVE), who broke into a locked house, which had alarms, and a dog, and a father and three children inside. He kidnapped the young female, while drunk, carried her out of the house, flew her to his motorhome (see caped outfit), and murdered her. While in the house, he left no prints, no DNA, no hairs, no fibers, not one piece of evidence he was ever there, and neither the dog, the father, nor the two other children ever noticed anyone had been in their house and walked past their open bedroom doors.
MAGNETOMANIAC= A suspect who devises theories of how the "immaculate abduction" took place.
REPLY-FOG=Getting so tired and confused on during conversations on the thread that you end up replying to the wrong person, or mistaking the intention or tone of their reply and reply back with an inappropriate response.
PIZZA-EATERS: Usually a group of 5 or more of guests and/or family members that is customarily needed to eat a neverending pizza. See: FISHES AND LOAVES PIZZA
PIZZA-PARTY = After coming home from the bar at 2am with friends, new friends, total strangers, you head to the garage for PIZZA. (PIZZA is AKA drugs, sex)
PREMATURE ACCUSATION=An arrest by police of a suspect before they have done investigative work on all of the evidence which might indicate which suspect is the most likely perpetrator.
SCAPECOAT= the jacket owned by DW with Danielle's tiny spot of DNA
SIX-PACK= PIZZA-EATERS all in one bed.
SLUTJACKALS=(1)a bisexually aggressive female type species, with out scruples, restraint, or moral fiber. Willing to settle for anything that satisfies basal desires, and in any way considered momentarily convenient.(2)Masters of deceit, sinister, cold-hearted, savage creatures which prey upon ambushing unsuspecting neighbors.
SWING-SET= For those who don't like playing in the sand box. Usually a set of six, who share the set and enjoy highs and lows.
SWINGER-SIX =Brenda, Barbara, Denise, Larry, Mo and Curly (AKA PIZZA-EATERS)
THE NEVER-ENDING-JOINT= A rolled cigarette of marijuana (wackyweed) that can be smoked by 4 people at 830pm , then smoked by 4 or more people several times in the parking lot of a bar, then can still be smoked by six people in a garage , at 2 in the morning. (Save the roach!)
VAN DAM DAMN VAN = a blue van used in Damon Van Dam's wild ride through all the probable dump sites for Danielle's body on the weekend of Feb 16th. Although Damon does not report having found the body that weekend, the flys did. Now missing in action.
WILD BUG CHASE=Going through a series of BUG EXPERTS, one after another, questioning them in endless circles, in an attempt to get them confused.
AND THE NEWEST ADDITIONS:
COKEYS=What happens to your keyboard when you read a humorous reply on FR and SPEW your favorite sugar-laced beverage on your keyboard. First, your fingers stick to the keys, then later, you end up with multiple replies and repeating characters due to the keys sticking. Later you end up buying a new keyboard.
DESPERADO SNACK= (AKA Party-Mix) What you do for food after being addicted to the net and FR for so long that you eat and sleep at the PC. Finally you get so addicted you wont even get up to go get FOOD, so, you turn the keyboard upside down and shake it out over a piece of paper. You then funnel the crumbs into your mouth.
SWEET-TREAT= What you get if you just SPEWED on your keyboard and now you are thirsty and hungry. You quickly make a funnel out of paper and turning the keyboard upside down, funnel the Mixture of PARTY-MIX and COKEYS into a cup, then DRINK IT.
LORD OF THE FLIES= A rogue bug expert that can be hired to come up with an EXACT time of death matching what you need to win the case, when all other experts you hired didnt give you the answer you wanted. This LOTFs lives in a far off land with no resemblance to nor familiarity with the conditions where the death occurred. All you have to do is send him a lock of hair, some newt toes, the evaluations and information from the other experts and a big bag of CHEETOS. The info must be sent in an envelope and you must mark on the back, in PIG LATIN, the Time of Death you wish him to devine. HE will utter such phrases as the activity of bugs on the corpse is the same as animal activity on the sides of a recent volcano, and the hairs are like the trees of the forest and , well, the whole planet, the sun, the moon, are like the molecules on the skin cell of a person from the next dimension, and they are just a molecule of a hair on the .., uh,hhhh, what was I, oh yeah , TIME OF DEATH IS .
This expert s fee is very high, due to the fact that he lives so far away, and, well, DO YOU KNOW HOW MUCH a DECENT BAG of MAUI WOWEEE cost these days !
If the VD's do not supervise their remaining children now, why would you think they did prior to this tradgedy.
Highly unlikely in a 2 story house with the bedroom upstairs. IMO
Was it on DW's shopping list?
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