Westerfield Trial-Weekend Edition

[Rheo]

The prosecution has finished up their third week in the case against David Westerfield.

To review transcripts of the Preliminary Hearing (PH) or the trial Transcripts/Documents

For a look at the window screen that DW supposedly looked out to peer into the VD backyard. Bathroom Window

The VD's backyardVD Backyard

The trial resumes tomorrow at 9:00am. The prosecution has said they will conclude by the end of the month (6/27).

previous thread

[Freedom2specul8]

Clarification: (I wish we could edit after it's posted)

IF the blood on the shoulder of his jacket was from her abdomen, it would make since since it appears she might have been slung over his shoulder..what if he ran out of the house and not crept quietly? (say the tv volume his the sound of running footsteps?)

Meaning if he ran quickly, the would have been less blood left behind? (just a thought)

[Freedom2specul8]

source
Putting it all together
By William F. Nimmo, Esq.
Edited By Jay Nault

The Prosecution brought out its strongest evidence yet today in the trial of David Westerfield. DNA evidence was introduced to the jury, and it showed that blood stains on the sport coat Westerfield had cleaned following the disappearance and blood on a carpet in Westerfield's RV matched the DNA of Danielle van Dam.

Perhaps the most powerful testimony behind this evidence was given by Annette Peer, a criminologist with the San Diego Police Department. In Peer's opinion, the potential for the person matching these samples being someone other than those at issue is numerically astronomical. In other words, the blood matches.

Other loose ends were dealt with as well. Prosecutors now believe they have an explanation as to why bleach was at the top of Westerfield's shopping list. Bleach will prevent the possibility of a DNA test, and the crime lab itself uses it regularly to avoid a fault blood test. They also believe that they have explained Westerfield's "hurry" to get to the dry cleaner on Monday morning before he went home.

The defense countered as best it could, with its best point being that there was no way it could be proven just how the blood got to the jacket in the first place. The defense is just that right now, playing defense against the prosecution's case.

However, the prosecution is bringing its case together in a way that the jury will understand. They have provided explanations, although not completely conclusive, as to what Westerfield was doing and why. Whether this will ultimately be enough will depend on the defense's case and what it presents.

There is still a long way to go, so stay tuned.

[John Jamieson]

Totally agree.

If the bullet don't fit, you must acquit!

[John Jamieson]

Hey Greg, you said I was FLB! Make up your mind. Can I be Feldman? He might even be better!

[NatureGirl]

John, do you have any experience working with nailing guns? I'm thinking of the kind that uses a "modified" .22 cartridge to drive the nail. It's a long shot (geez!), but I'm wondering if the casing came from one of the VD boys, something they had picked up somewhere (as boys do). This doesn't go anywhere to explain how/why it ended up in Danielle's room. I'm just thinking out loud.

[dread78645]

This seems to be an ongoing problem for Feldman. However, others would have you believe that it is just the opposite, despite the fact that Feldman still has to ask for copies of stuff during the trial. Go figger.

IMO, it would seem to me to be a advantage to the defense:

1. Creates doubts about the reliability of the evidence.
2. Cause subtle distrust of the prosecution.
3. Would be grounds for appeal if DAs office fudged or side-stepped discovery.

[Hildy]

What's your point?

[cynicalman]

Yep......very poorly handled and especially in areas of extreme importance.

I do not believe this jury will buy "the sloppy way the evidence was handled" defense. The defense will have to explain away every piece of evidence. i.e. eye witness that she did enter the MH at one time and was bleeding. And DW will HAVE to take the stand. And he better not have anything in his background that makes him look like he liked children other than his own.

[John Jamieson]

Yes, I do! Nail guns that use special .22 shells, shoot hardened nails into concrete and are used in new construction. The casing probably would not say SuperX which sounds like a real gun. I'll google it.

Police don't use 22s, they consider them too light.

7 year old kids do love to pick up strange things. I would believe that Danielle had picked it up, if it weren't for the fact that it was missed the first day.

[John Jamieson]

Winchester SuperX .22 WRM 40 gr. JHP 850 fps
Winchester SuperX .22 WRM 40 gr. FMJ 900 fps

Looks like SuperX is real gun ammo by Winchester.

[Freedom2specul8]

John, do you have any experience working with nailing guns? I'm thinking of the kind that uses a "modified" .22 cartridge to drive the nail. It's a long shot (geez!), but I'm wondering if the casing came from one of the VD boys, something they had picked up somewhere (as boys do). This doesn't go anywhere to explain how/why it ended up in Danielle's room. I'm just thinking out loud.

I've not heard about that! I'll ask hubby too...he's good with handson tools..

[EllaMinnow]

John, do you think it's possible that it was on a shelf and fell down and rolled sometime during the night?

[Freedom2specul8]

Yes, I do! Nail guns that use special .22 shells, shoot hardened nails into concrete and are used in new construction. The casing probably would not say SuperX which sounds like a real gun. I'll google it. Police don't use 22s, they consider them too light.

That is amazing..so an unknowing person might not be able to tell the difference.. of course, i guess the super x solves this mystery eh?

[John Jamieson]

Anything is possible. Kids do collect junk and a real bullet (which it's not) would be a great treasure. Possibly picked up the park.

Somebody needs to explain it. Closest thing to a murder weapon found so far.

Boys rooms should be searched for others.

[Southflanknorthpawsis]

While I agree the Defense has some obstacles to overcome, the burden of proof still falls on the People.

I want to hear the Prosecution's theory of how a middle-aged man with no priors, abducts a child from a house where any person could have recognized him, and keeps the child alive in his own home during a time when any minute LE could be scouring the street. Then this man transports live child in broad daylight, in a vehicle that yields no evidence, just feet from her home and transfers her, alive, to his MH which is parked on someone's property.

Being too clean, sweating, cooperating, doing laundry, making shopping lists, etc, do nothing to tell the story of how this was to have happened.

If the punishment is to be death, the scenario better be very credible and very provable. Only time will tell.

[John Jamieson]

Being too clean, sweating, cooperating, doing laundry, making shopping lists, etc, do nothing to tell the story of how this was to have happened

Hose rolling too!

This stuff is nothing but tea leaf reading, not evidence of anything.

[Freedom2specul8]

Hubby said that casings from nail guns are tapered at the end.. Or did he say some are tapered..anwayz..we learn something new everyday..thanks!

[NatureGirl]

Possibly picked up the park

I was reading a bit of the transcript from the first day of the trial. The first woman on the stand said that she had lived in her house for six years, and they were the only family to live in that house. Hence, the houses were only built 6-7 years ago. I would guess that a lot of construction debris would still be surfacing around there.

I don't know about it being used as a murder weapon, but there was a case several years ago in my area where a girl standing next to a wall was paralyzed from the waist down by one of those .22 shots - it had come through the wall from the room next to her, and went into her spine.

[John Jamieson]

Being too clean, sweating, cooperating, doing laundry, making shopping lists, etc, do nothing to tell the story of how this was to have happened.

Being dirty, not sweating under interrogation, not cooperating, not doing his laundry, and keeping his shopping list in his head, would make him innocent then?

[NatureGirl]

Now I have something else to look at when I go to Home Depot!