Testimony: DNA, fingerprints from motor home link Westerfield to Danielle
Posted on 03/12/2002 6:35:18 PM PST by FresnoDA
Testimony: DNA, fingerprints from motor home link Westerfield to Danielle
|
|
 Thousands of computer porn images, videos reported foundBy Jeffrey J. RoseSIGNONSANDIEGO March 12, 2002 SAN DIEGO – DNA from bloodstains on David Westerfield's jacket and inside his motor home matched that taken from underwear belonging to Danielle van Dam, and fingerprints taken from the vehicle matched those of the dead 7-year-old girl, police specialists testified Tuesday. The testimony came at a preliminary hearing for Westerfield, a 50-year-old self-employed engineer who lived two doors away from the van Dams in Sabre Springs. He has pleaded not guilty to charges of murder, kidnapping and possessing child pornography in connection with Danielle's death. Jeffrey B. Graham, a fingerprint analyst for the San Diego Police Department, said fingerprints taken from a cabinet next to the bed in Westerfield's motor home matched Danielle's.
"There is absolutely no doubt in my mind that Danielle made those prints," Graham said. Investigators believe Danielle was abducted from her bedroom the night of Feb. 1 and taken over the weekend to the Silver Strand near Coronado by Westerfield in his motor home, who then drove to the desert and back to the beach again. If convicted, Westerfield could face the death penalty. Her naked, severely decomposed body was found off Dehesa Road by a volunteer search team on Feb. 27. Graham said he obtained full handprints from the hands of Danielle's body, which though mummified when found were rehydrated with embalming fluid following an autopsy Feb. 28. Fingerprints taken from the motor home matched those prints, Graham said. Annette Peer, a police DNA analyst, said DNA from a bloodstain taken from the carpet in the motor home and more taken from a bloodstain on a jacket Westerfield left at a dry cleaner Feb. 4 matched that of a yellowish stain on underwear taken from Danielle's bedroom. Peer further testified that the DNA was consistent with DNA from offspring of Brenda and Damon van Dam, who both gave "reference" samples for testing. In other testimony Tuesday:
Detective James M. Watkins, a computer forensic examiner for San Diego police, said some of the sexually explicit images portrayed bestiality, bondage and what appeared to be underage females. Watkins estimated the number of pornographic images involving minors at fewer than 100. Watkins said he also had discovered eight photos of a girlfriend of Westerfield's and her young teen-age daughter, with some of the photos of the daughter in sexually suggestive poses. Under questioning by Westerfield's attorney, Steven Feldman, Watkins said he could not determine whether Westerfield had obtained or viewed the pornographic images or whether it was someone else who had access to the computer, including Westerfield's 18-year-old son.
Hergenroeather said Mills told him that she had known Westerfield for several years as a customer, and that he seemed unusually upset that morning.
Feldman peppered LeAlcala with questions on how the fingerprints were gathered, who had access to the motor home, what steps were taken to avoid contaminating the evidence, and on her experience level and education – all in an apparent quest to call into question the believability of the evidence. LeAlcala said one of the items taken from the cleaners was the jacket. The jacket later was found to have the bloodstain matched in DNA testing by Peer. The hearing, which began Monday, is the first opportunity in court for prosecutors to document their evidence against Westerfield. The hearing is scheduled to resume Thursday. |
Things I find compelling against DW..took black t shirt,black sweater and black pants to cleaners along with green casual jacket..(good nightime stealth clothes) wallet story doesn't match park rangers, no reason to lie except to hide something, not likely a mistake...cuts on hands, could be innocent but definately not planted...(could entice someone to plant evidence though if they thought he was guilty)...added all together....meandering trip, returned home saturday afternoon (ws she dead then?)...also since his motorhome was not there till 9am if VDs were to frame him could they have gotten in while he was loading to put drops of blood in motorhome/jacket? fingerprints are hard to plant without subject but can be done(just find her prints, scotch tape them then put them on fp card (not likely)
clearly if he did it he was clumsy stupid and totally inept...I thought engineers with immaculate houses were analy retentive and paid attention to details...if he did it probably at the spur of the moment when he thought Damon wasn't home and Brenda was soused from drinking all night or not yet home (would he enter thinking a babysitter was there or wait?)....probably entered after swingers left around 3:30 am ...unlikely planned much in advance..JMHO......
can't wait to hear if Brenda/danielle was in motorhome...no testimony from pd about dancing with DVD..what happened to that?
[14:42] desrcibe jacket
[14:42] green and blue
[14:42] zipper buttons
[14:42] orange inside area
[14:42] lining orange
[14:42] stains
[14:42] off white stain
[14:42] two dark green stains
[14:42] apparent reddish brown stain
[14:43] other light reddsih brown stains
[14:43] visual observation
[14:43] noting color and apx size
[14:43] noted color and size of stains
[14:43] tested for blood
[14:43] results: one apparent reddish brown positive
[14:44] positive
[14:44] two light reddish brown also positive, one negative
[14:44] how many tested positive? 3
[14:44] three presumptive blood stains out of four
[14:44] what do to three stains?
[14:44] what next after detemrining positive presumptive results
[14:44] photgraphed
[14:45] cut stains out put into paper bindles and envelopes
[14:45] into freezer packet
[14:45] used different scisser each time
[14:45] numbered the bindles
[14:45] locations of stains
[14:45] r/b stain on front outside middle lapel area
[14:46] this one was labeled 94D-1
[14:46] light r/b 94d-2
[14:46] 94-3
[14:46] 94-2 front right outside area near shoulder
[14:46] Sean is an assistant criminalist according to Ct. TV
[14:46] 94-3 behind neck collar on outside
[14:47] packaged and labled, substrate controls
[14:47] into freezer packets
[14:48] substrate control--test that chemical presumptive test is not giving false positive
[14:48] substrate controls are material from near stains
[14:49] no reports, took notes, has them, feldman did not get them
[14:49] da also doesn't have notes
[14:49] judge thinks DA better get the notes and give them to
[14:52] off record conversation regarded his notes
[14:53] feldman wants continuance to have chance to review notes
[14:53] DA is hemming
[14:54] DA promises to limit testimony to one page of notes
[14:54] so feldman can examine that
[14:54] now they approach the bench to discuss exactly which page
[14:57] Feldman talked to DA, then said remedy ok since limited testimony from
[14:59] bulk of notes added as defense exh 'f'
[15:00] coc document within packet of notes, they address that now
[15:01] recieved on 2/8 from laalcala, returned 3/6
[15:02] FELDMANS CROSS
[15:02] there is other documentation regarding the material which feldman doesnt have
[15:02] computerized coc system exist? not that sorianno is aware of
[15:02] no computerized, but there is paper copy
[15:03] this internal coc document is also in the 54 pages of stuff
[15:04] the chain of custody relfect just the chain of custody
[15:04] where is a document that testifies to coc of jacket
[15:04] in his notes
[15:04] page three of his note
[15:05] page 8 detailed description of jacket, continues to page 9
[15:05] these pages indicate observations
[15:05] feldman is asking for coc specifically relating to jacket, as opposed to all the laundry material
[15:06] there apparently is no document precisely related to coc of jacket
[15:06] packaging, condition thereof noted in sorianno's notes
[15:07] coc=chain of custody
[15:07] placed bakc in original large brown bag, sealed, labeled and signed returned to lealcala
[15:07] the bag of items including jacket returned to lealcal on march 6
[15:08] sorianno received bag on feb 8, opened by him on 2/11.
[15:08] bag cut open 2-11
[15:08] items initially examined, removed from bag--placed in evidence evaluation locker
[15:09] [15:09] checked into evidence on 2/11, sorianno opened it next day,
[15:09] Sor reads from notes, F ask for strike
[15:09] resealed on 2/12
[15:10] opened again on 2/13 and jacket examined
[15:10] 2/13 he cut stains off of jacket
[15:11] stains packaged and labeled and placed in forensic freezer on 2/13
[15:11] secured with lock key
[15:11] < 2/14 transered from fridge to freezer
[15:12] at the SDPD
[15:12] listing people who had access
[15:12] what floor was the evidence locker? object. sust.
[15:12] locked freezer
[15:12] jacket question
[15:12] only lab members had access
[15:12] who had access to room in which it was received
[15:12] objection! Overruled
[15:12] evidence evaluation room is a secure area
[15:13] who had access to room it was stored while you had it?
[15:13] homicide investigators cant access alone
[15:13] accompanied by lab member to access
[15:14] sorianno done
[15:14] notes!
[15:14] feldman offers to copy them
[15:14] DA wants to do it
[15:14] da will get notes,make copies
[15:14] lol...
[15:15] trying to establish that ott and kaiser could have accessed the jacket while in forensic room
[15:15] really is pros job to copy and give to def
[15:15] judge agrees with alie
[15:16] dorie savage another criminologist
[15:17] SPDP Crime Lab
[15:17] just testimony of people who gathered evidence
[15:17] trained in collection of bio material from know individuals
[15:18] 3 years on job
[15:18] she gathered material on feb2 at Van Dam's
[15:18] got there around 4:20 PM
[15:18] assigned to investigate missing person
[15:18] she went in and looked for evidence to see where girl might be
[15:19] she entered Dani's bedroom
[15:19] it was obviously little girls room, pink, white canopy bed
[15:19] she looked in the room, at flooring
[15:19] flooring was carpet
[15:19] on her hands and knees examining carpet
[15:20] carpet not freshly vacuumed
[15:20] no vacuum marks
[15:20] got underwear from bedroom
[15:20] collected, bagged, labeled
[15:20] items all over the floor
[15:20] underwear were in corner near closet, in(>) dresser
[15:20] in?
[15:21] girls underwear
[15:21] underwear numbered
[15:21] #3
[15:21] near the closet and the dresser
[15:21] over in corner near the closet and the dresser
[15:21] she examined the underwear visually
[15:21] unusual stains in crotch area
[15:21] white some pattern, size 8, girls
[15:21] labled brown paper bag appropriately
[15:22] which underwear went into
[15:22] she was there from 4:30 unti almost 5 am next morning
[15:22] not unusual stains...just stains
[15:22] looked for finger prints
[15:22] looked with strong light
[15:23] used poweder
[15:23] parents were not in home while she was there
[15:23] powedered bedroom, and other areas in house
[15:23] powder gets everywhere
[15:24] not in home when she arrived there either
[15:24] no vacuuming while she was there
[15:24] she returned on feb 4
[15:24] around 10AM
[15:24] to conduct furhter search
[15:24] looked through room again, further searched house for evidence
[15:25] evidence of vacuuming anywhere in house--yes in stairwell
[15:25] lotsa powder there
[15:25] to be vacuumed
[15:25] known biological sample collection phase
[15:25] collected mouth swabs and head hair from parents
[15:26] reference samples for comparing to include or exclude
[15:26] reference sample is known sample
[15:26] she labeled them
[15:26] the samples
[15:26] on Feb 6th
[15:26] reuturned samples to pd
[15:27] her contact with parents
[15:27] none on feb2-3
[15:27] they were generally there on all other occasions
[15:27] they were very co-operative and helpful
[15:27] feldman is making the same point
[15:28] they volunteered information!
[15:28] very co-op and very helpful
[15:28] that is the judges point, not mine
[15:29] you think anything bad about them becuase they were co-op
[15:29] NO
[15:29] make them bad
[15:29] no
[15:29] them, or DW
[15:29] them = VDs
[15:30] it is not incriminating to be helpful is point
[15:30] yes
[15:30] feldman reviews her testimony
[15:30] the accredidation she took was internal Feldman is pointing out DA is objecting
[15:30] others were searching while she was
[15:31] she was trying to find as much as she coudl
[15:31] could
[15:31] she found three bright red colored stains on stairway wall?
[15:31] no, she didn't
[15:31] review report of halley, date 2/12
[15:32] did she review the report?
[15:32] she did review "a" report for accuracy
[15:32] pg 2 of that report
[15:32] she did review "a" report of det halley for accuracy
[15:33] doesn't know what he called the report
[15:33] now he shows her HAWIEs report
[15:33] directs her to last para of page 2--i viewed residnece found three bright
[15:33] stains near stairway on wall
[15:34] three bright red half the size of a pencil eraser
[15:34] feldman getting a bit testy!
[15:34] have you ever taken lessons in how to testify? objection! ouch!
[15:34] she says the report is accurate
[15:35] she says you asked me if I found them, I did not find them
[15:35] one stain beside third step on west wall between landings
[15:35] she doesnt recall
[15:35] time for her to revie HAWIEs report
[15:35] yes, to location of first stain
[15:36] there were two others on west wall near second step
[15:36] she conducted hemostix test on one stain
[15:36] she discovered this presumptive blood on the staircase
[15:36] she saw them but does not remember from memory where they were
[15:36] she wasn;t responsible for positive testing
[15:37] she collected stains
[15:37] was someone else's job to test them, she just collected
[15:38] collected three stains from thoses wall herself, yes
[15:38] did she cause or participate in labeling of siezed items in VD residence
[15:38] yes
[15:38] in bedroom, cream colored bean bag chair with red stain
[15:38] positive for blood
[15:39] feldman is asking these question
[15:39] anything unusual about exterior of Dani's door
[15:39] regular ol' door
[15:39] other bedrooms doors, at least three
[15:40] the doors had unique decorations
[15:40] on the exterirors of the doors
[15:40] she didnt phot doors, suggested that be done
[15:40] no unique decorations on bedroom doors
[15:41] in addition to presumptive blood on stairwell, and under beanbag chair
[15:41] did she find anything outside of house
[15:41] didn't collec beanbag chair that day
[15:41] any bs outside residence?
[15:41] UNDER beanbag chair?
[15:42] what might be blood found in threshold of doorway from garage to side yard
[15:42] not under -
[15:42] near - around
[15:42] area photoed
[15:42] blood spatter
[15:42] she found what might be blood in threshold to garage
[15:42] spot on outside was approx 3 inches long
[15:43] no recollection of width
[15:43] she didn't record the measurements of this possibel bloodtain? no, job of a detective
[15:43] possible stain elsewhere
[15:44] on exterior of house
[15:44] det vanway would have recoreded it
[15:44] describe location of what might have been blood
[15:45] she points to area different from what feldman was addressing
[15:45] any drag marks?
[15:45] yes, in the side yard
[15:45] so she saw what might have been blood in doorway, drag marks along sidewalk along side of house
[15:47] mo one tested it to her knowledge???????????????
[15:47] no
[15:48] second trip to residence, stairway had been vacuumed
[15:48] possible blood, she didnt test it, she doesnt know if any one did
[15:48] did she tell anyone not to vacuum?
[15:48] second trip was to collect trace evidence
[15:49] yes
[15:49] they vacuumed near where bloodstains had been found
[15:49] but not from stairs
[15:49] she attempted to recover evidence for DVD bed
[15:49] other areas of house
[15:49] from dvd bed
[15:50] did not tell anyone not to vac
[15:50] or to vac
[15:50] collect evidence from DVD bed...yes
[15:50] feldman wants to ask her about her potential visit to DWs house
[15:50] DA doesn't want that
[15:51] witness excused
[16:10] back to lifting fingerprints
[16:10] from front door? out of scope
[16:10] none from front door
[16:10] another forensic spec did from back door
[16:10] Feldman suggested she was being bullied by prosecution-
[16:11] did they raise their voice? How close were they to you
[16:11] did she treid to get prints from Dani's doorknob or around doorknob?
[16:11] Judge wouldn't allow that
[16:11] she's looking at copies of backs of her fingerprint cards
[16:11] more stuff feldman hasnt seen
[16:13] she attempted to raise and succeeded in rasing prints from Dani's door
[16:13] doorframe print
[16:13] exterior six inches above knob
[16:13] on trim of doorframe
[16:14] interior door above the knob--two there
[16:14] another interior door, below knob
[16:14] any other prints around the house?
[16:14] yes
[16:14] she got some from-->
[16:14] dresser next to Dani's bed
[16:14] stairwell banisters "some prints" from "various sections of the bannisters"
[16:15] she gathered prints on the fourth as well as second
[16:15] she got prints on the fourth from a cabinet near top of stairs
[16:15] cabinet tabletop
[16:16] also on another bedroom door (tarzan insignia on door) exterior door frame,
[16:16] latch side of door jam
[16:16] she has 28 pages of notes
[16:17] other notes
[16:17] there are 9 pages of notes regarding what she has spoken to so far, the rest related to other prints
[16:17] when did she lift the first prints? date and time?
[16:17] both labeled as defence exhibits
[16:18] she got some prints from DWs suv
[16:18] regarding hemostix test
[16:19] tests positive for variety of things, rust stain, flyspecks, anything with bloodlike elements
[16:19] stains in stairway collected by her
[16:19] also for beanbag--she collected the entire chair
[16:19] stain ON the beanbag
[16:19] stain on outside door near garage also collected
[16:20] vacuuming of stairway occured AFTER she was done collecting there
[16:20] feldman brings up that she discussed purpose of and definition of hemostix test
[16:20] any indication that the dog was bleeding? no
[16:21] so, the DA spoke to the witness during the break, regarding the limitations of hemostix test
[16:22] witness coming to stand
[16:22] the comment that she got prints from DWs car led to her quickly being done
[16:23] annette peer dna specialist
[16:23] SDPD, 19 yrs
[16:23] 16 years with forensic bio
[16:24] lab supervisor for a year
[16:24] serology--the science of biological fluids and stains
[16:24] blood testing
[16:24] 10 years as serologist
[16:25] became dna analyst in 1990
[16:25] she helped set up sdpd first dna lab
[16:25] in 1992
[16:26] lotsa training, fbi academy
[16:26] postgraduate study in biology
[16:27] she has testified as an expert in dna profiles about 25-40 times
[16:27] profiles including percentage matches and such
[16:27] she workd vandam case
[16:27] searched rv on three dates
[16:27] 2/5 2/6 2/8
[16:28] searched inside for bio evidence on 6th and 8th
[16:28] searching for bio materials
[16:28] on 6th rv was located at sdpd eastern division veh impound area
[16:29] results of search on feb 6th:
[16:29] searching for blood
[16:29] numerous reddish dark brown stains observed
[16:29] marked 19 areas for further testing
[16:29] examined each area with chemical test
[16:30] used phenophaline (sp) test
[16:30] of 19 stains, three gave positive results
[16:30] each area marked was tested
[16:30] theses stains packaged up and labeled appropriately
[16:30] near closet between door and bed was one stain
[16:31] numbering system determined numbering system later on with lealacala
[16:31] the stain eventually became #84
[16:32] the stain was impounded at sdpd for furhter analsys
[16:32] she conducted dna analysis on #84
[16:32] also conducted dna analysis on jacket stain #2
[16:33] she had custody of #84 all times
[16:33] description of pcr test
[16:33] strs
[16:33] pcr based technology
[16:33] molecular xeroxing of target areas of dna
[16:34] str technique used in other labs including fbi
[16:34] not just used by sdpd
[16:35] dna profiles obtained from 94d-2 and 84 for str
[16:35] also got known samples from parents and DW for comparison
[16:35] str=short term repeat
[16:35] a pair of underpants also
[16:35] collected from dani's bedroom
[16:36] she was able to gather dna profiles from undrwear
[16:36] and from parents mouth swabs
[16:37] stain from carpet and stain from hjacket from similar or highly likely similar source as underwear
[16:37] and also consistent with could be from "biological offspring" of parents
[16:39] what are chances of unrelated person having match?
[16:40] jacket: 1 in 25 quadrillion in caucasian population
[16:40] 1 and 15 zeroes
[16:40] for african american population: 1 in 340 qudrillion
[16:41] hispanic: 1 in 1.2 quintillion
[16:41] fewer genetic markers were recovered in the jacket stain than in the carpet stain
[16:41] carpet stain:
[16:41] repeating what msmichie said
[16:42] actually, fewer markers from carpet than from jacket
[16:42] carpet : caucasion 1 in 4.9 billion
[16:42] african american: 1 in 21 billion
[16:42] hispanic : 1 in 98 billion
[16:43] they have newer results for carpet stain which will make a match much rarer
[16:43] stain in RV from curtain, from corner of bedspread, floor outside of bathroom
[16:44] age of stain indeterminate
[16:44] from carpet sample
[16:44] one stain on curtain, one on corner of bedspread one on carpet between carpet and bathroom
[16:44] size 1/4" in diameter
[16:44] again feldman addresses who has access to evidence
[16:45] could it have been there a year?
[16:45] possible she said
[16:45] doesn't know how old
[16:45] could have been there a year
[16:45] possible? Yes
[16:45] she has notes! she reviewed them prior to testifying today
[16:45] more notes not provided to defence
[16:46] she has other notes that she didnt bring along
[16:46] in another folder which she did not consult prior to testimony
[16:46] three stains
[16:46] She has even more notes in another folder
[16:47] 1/4" carpet stain somehwat circular
[16:47] she has blood spatter training
[16:47] other stains:
[16:47] 1 on curtains on driver side front
[16:47] other on bedspread
[16:47] curtain stain size: (whips out huge folder of notes)
[16:48] she has training in spatters, but could not determine
[16:48] curtain stain size: smeared, approx 2 to 3 millimeters (from photographs)
[16:49] does DA have copies? No
[16:49] curtain stain on curtains front of rv front window drivers side
[16:50] curtain went from the front to the drivers side
[16:50] feldman will not attack these findings yet, so no furhter questions for her
[16:51] 3 mm = .1 inch
[16:51] witness excused
[16:52] lay print examiner
[16:52] on the stand
[16:53] description of fingerprint comparison process
[16:54] latent is invisiable or nearly invisible print
[16:55] finger print from cabinet on side of bed in motorhome being discussed
[16:55] he was proved 200 prints
[16:55] drivers side of the bed
[16:55] provided for comparison
[16:55] evidence #
[16:56] has known prints of 18 individuals
[16:56] hands mummified he took the hands to his office for attempt to rehydrate hands so he could gather prints
[16:56] dani's hands
[16:57] went to ME's office and collected prints
[16:57] too far mummified and took them with him
[16:58] rehydrated hands and compared print found in motor home with the print recovered from Dani
[16:58] so he was able to develop known prints from severed hands
[16:58] wood cabinet print was nade by Danielle Van Dam
[16:58] verified by second examiner
[16:58] no dissimilarities
[16:59] he is absolutely no doubt in his mind that Dani made those prints
[16:59] he is a ridgeologist not point counter
[17:00] not a point counter
[17:00] they are two different brands, methodology the same
[17:00] he didn't go to college for fingerprint analysys
[17:01] "absolute certainty" is subjective for point counters
[17:01] no published guidelines for ridgeology standards
[17:01] he particpates in internal prificiency studies
[17:01] which are provided by an external entity
[17:02] he has not taken any external test to become accredited in fingerprint analysis
[17:02] no
[17:02] he hasnt
[17:02] he has copy of latent card
[17:03] he reviewed his report prior to testify
[17:03] he took notes during analysis process
[17:03] extensively reviewed his notes over last two weeks
[17:03] the notes are entered into evidnece
[17:03] evidence
[17:04] discussing contents of his notes
[17:05] review fingerprint card (xerox) of dani's fingerprint
[17:05] orientation of print: as it appears on item, which way is up on the hand
[17:06] orientation of print from motorhome cabinent (did you see Titannic? that will give you the orientation)
[17:07] location on lower end of cabinet
[17:07] he didn't see print in life, saw photo and sketch
[17:07] 1.5 to 2 feet up from the bed
[17:08] as if someone was playing on the bed? objection susutained
[17:08] doesn't know age of print
[17:09] several prints: 2 to Danielle Van Dam simultaneous touch
[17:09] left middle and left ring
[17:09] two other individuals, two prints each
[17:09] these were in RV, window, bedroom area of RV
[17:10] yes in the RV
[17:10] other prints belonged to Danielle (girlfriend's kid)
[17:10] and another young girl--Jennifer
[17:10] finger prints in van dam house unidentified? objection sustained
[17:11] no way to age prints, could have been there a year
[17:11] witness has no idea
[17:11] Jennifer and his girlfriend's kid Danielle
[17:11] how long
[17:11] he cant say when the fingerprint was placed
[17:12] feldman done
[17:12] witness excused
[17:12] to the bench!
[17:12] that's probably it for today
Would like to know if blood in door frame near garage was inside or outside of garage/house,could indicate route of abductor...danielle.. Did they cut up the dog? Tests presumptive for blood could be from animal...LOL how about a big fat mosquito or maybe the dog sniffed too much coke and his nose started bleeding, dripping it all over? Yeh that's the ticket!
Hackers against pedophelia
Valor tracks down pedophiles over the Internet, breaks into their computers, erases any child porn images he comes across and destroys their hard drives. Then he hacks into the target's Internet Service Provider to change the log-in message so that every user who tries to get on the net that day learns that one of their members was found in possession of kiddie porn. For good measure, he sends the pictures and directory to the ISP's systems administrator, "so they don't come after me," Valor says. Valor tracks down pedophiles over the Internet, breaks into their computers, erases any child porn images he comes across and destroys their hard drives.
Recently, the U.S. Supreme Court rejected an appeal to a new federal law banning the sale of sexually explicit material on military bases. Such a law is warranted considering the rash of sex scandals in the military. The less provocation the better. However, rapists and pedophiles, for whom such a ban is needed even more so, are free to purchase, view and display obscene material. ,P. In a recent case in New Jersey, Judge Alfred Wolin of Federal District Court in Newark handed down an outrageous decision. A suit was filed by two pedophiles who challenged a law banning pornography from the state’s Avenel correctional facility for repeat sex offenders. (Washington Times, 7/2/98) Judge Wolin stated that the law’s broad language was unconstitutional and that the state failed to prove that such a ban would rehabilitate prisoners. (New York Times, 7/23/98) According to the 1986 Attorney General’s Commission on Pornography, more than half of rapists say they were provoked to commit an offense by pornography, and 42 percent of child molesters "implicated pornography" in their crimes. (Washington Times, 7/2/98)
In Maricopa County, Arizona, Sheriff Joe Arpaio enforced a ban of all depictions of frontal nudity in his jails. One inmate, when he was denied his subscription to Playboy, filed a suit citing First Amendment violations. In the papers he filed, the inmate claimed he was denied access to newsworthy interviews and investigations. (Washington Times 7/28/98) A three-judge panel in the 9th Circuit Court of Appeals in San Francisco declared Arpaio’s ban unconstitutional. Again, broad language was the reason given. The panel did suggest that a more specific definition of "sexually explicit" would create a new case. (Washington Post, 7/18/98)
CHILD PORNOGRAPHY: IT IS A CRIME Why do pedophiles collect and disseminate child pornography? Special Agent Lanning states, "It is difficult to know with certainty why pedophiles collect child pornography and erotica. There may be as many reasons as there are pedophiles. Collecting this material may help pedophiles satisfy, deal with, or reinforce their compulsive, persistent sexual fantasies about children. Some child erotica is collected as a substitute for preferred but unavailable child pornography."1
Lanning further states Collecting may also fulfill needs for validation. Many pedophiles collect academic and scientific books and articles on the nature of pedophilia in an effort to understand and justify their own behavior…. In this material pedophiles share techniques for finding and seducing children and avoiding or dealing with the criminal justice system.
Pedophiles swap pornographic photographs the way boys swap baseball cards. As they add to their collections, they get strong reinforcement from each other for their behavior.
The need for validation may also partially explain why some pedophiles compulsively and systematically save the collected material. It is almost as though each communication and photograph is evidence of the value and legitimacy of their behavior.
Some of the child pornography and erotica collected by pedophiles is saved as a souvenir or trophy of the relationships with children. All child victims will grow up and become sexually unattractive to the pedophile. In a photography, however, a 9-year-old stays young forever.2
By Leonard Novarro
SAN DIEGO (Reuters) - The man charged with abducting and murdering 7-year-old Danielle van Damhad 64,000 sexually provocative images of what appeared to be teenage girls in his computer files, investigators said on Tuesday.
|
San Diego Police detective James Watkins, a computer specialist, told San Diego Superior Court he seized "highly organized" computer files from Westerfield's home.
The files, stored on four computers, a palm pilot (news - web sites), CD-ROMs and computer disks, also contained several animated series, including one depicting a young girl being bound by rope and raped. The girls appeared to be teenagers rather than pre-pubescent children, Watkins said.
Other forensic experts, confirming previous police reports, said they had found bloodstains matching Danielle's in Westerfield's motor home and on one of his jackets, and had found Danielle's fingerprints in his motorhome.
Westerfield, 50, who lived two doors away from the van Dams, has pleaded not guilty to possession of child pornography and to charges of kidnapping and murdering the 7-year-old.
Her badly decomposed body was discovered in a rural area outside San Diego on Feb. 27, a month after she was snatched from her suburban bedroom in the middle of the night in a case that attracted nationwide attention.
ALTERED PHOTOS?
The files seized from the computer also included photos of the teenage daughter of Westerfield's girlfriend, her hair in a towel, police said.
On cross-examination, Westerfield's attorney Robert Boyce contested the ownership of the computer photos. "You don't know if it was Mr. Westerfield's 18-year-old son or someone staying at the house, do you?" he asked the detective.
Boyce also suggested the girls in the photos might have been "morphed" together from various images of older women and altered to look younger. "Some people look older than others at different ages, don't they?" the attorney asked Watkins.
"Some look younger too," Watkins said.
The photos were introduced over the defense's objections after prosecutor Jeff Dusak argued that they provided a motive for Danielle's abduction, which has remained unclear.
Police are also trying to piece together how Danielle's kidnapper entered her home, found her second floor bedroom and abducted her without anyone noticing.
Westerfield, who is twice divorced, became a prime suspect early on, in part because he took a trip to the desert the day after Danielle vanished and cleaned his motor home thoroughly upon returning.
The preliminary hearings are expected to last several days before San Diego Superior Court Judge H. Ronald Domnitz decides whether to proceed with a trial against Westerfield -- a self-employed engineer who said he had danced with Danielle's mother at a local bar the night her daughter disappeared.
How could they have been put there Monday or Tuesday if Danielle had been missing since Saturday.
I am unclear as to where the prints where; the underside of a cabinet over the bed or the interior of a cabinet door or the exterior of a cabinet door?
A lot of states including mine have the photos,offense, address of the perp online. This how it should be IMO. Ca wants you to drive to a police station to view them. Why should innocent citizens be burdened so, they're not the guilty ones.
Depends on the definition of "sex offender", wouldn't it? DW liked to look at porn presumably. On the list? The VDs may have been swingers. List 'em? An 18 year old boy is sleeping with a 16 year old school mate. Bet he makes the list.
Given the historical (and hysterical) record of behavior of governments and lawyers, I would be against it. Look what they have done with sexual harrassment and racist actions. Those areas have been litigated and codified beyond any reasonable distinction. And that truly demeans those who are real victims. I think it would be just a matter of time til guys who buy the Sports Illustrated swim suit edition would be listed. my .02
So he brought Danielle to his house (or SUV), held her over night (with no fear of police searches!), then in broad daylight loaded her in the RV (alive, or else no fingerprint), and took off. Am I missing something in this timeline?
Off to do some work ... catch up this evening. Ping me, great threads again :-)
I think the important question is whether they found blood, or traces of blood at the van Dam's.
I saw a piece on 20/20 (I think) last night about a woman's dissappearance that was solved years after the case had gone cold. Forensic techs were able to spray a room with some substance that showed, under a blacklight, if any blood had ever come in contact with room surfaces.
I have kids, and from the spontaneous nose bleeds, to cuts and scrapes from playing outside, there are probably traces of their blood on more than a few places in my house.
About those porno tapes showing bondage?
Hypothetically speaking, and just food for thought, could it be that a certain Mother could have been into Domination and given the tapes to Westerfield? In which case, she may be called to the witness stand. Just a thought.
sw
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
A police computer specialist testified that some 64,000 pornographic images and 2,200 MPEG-format videos were found on computers and computer disks taken from Westerfield's home.