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]

I would suspect the discovery phase wasn't over during the PH...I wouldn't read too much into it. Besides, remember the rules of PH says the prosecution doesn't have to present all of their evidence at PH. Also, they had closed hearings about the evidence before the trial so the judge could make his decisions about what is evidence and what isn't. Just some thoughts to consider.

[Freedom2specul8]

Me too!

[John Jamieson]

Probably not a 22 gun type. Nail guns for wood use high pressure air. They still can hurt you very badly. They drive the nail 3.5 inches into hard wood, instantly.

[John Jamieson]

They've only got a few days to go. They need to find more real evidence.....the smoking gun!

[Southflanknorthpawsis]

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?

LOL....I suppose so. I am sure that every filthy, very cool, uncooperative, vulgar-mouthed person wearing grungy clothes is automatically deemed "free-to-go" be LE.

[Freedom2specul8]

Remember, we've posted info about how one doesn't have to have priors to commit this kind of a crime..BUT, he did have the child porn prior to Danielles murder, which is a prior unconvicted crime. Also, the rest of your list "Being too clean, sweating, cooperating, doing laundry, making shopping lists, etc, " of course wouldn't make the average person a suspect. What makes this guy stand out is that he's had contact with the victim, had a mh, came and went during during the weekend, and during the investigation of the crime scene. He probably freaked out if he heard on saturday that the cops were going to search neighborhood houses or had already started. He did things out of the norm for MH's users, getting stuck in a known area that he's a regular at, possibly creating alibis on purpose, (ie overpaying his rent). He didn't just cooperate..EVERYONE who let the cops in their house cooperated..but he acted in a way that no one else did according to the cops testimony such as pointing things out. If that wasn't true, how come other cooperating neighbors didn't step up to the plate and say "hey, I pointed things out..". Now, if the defense has a problem with the that particular point, let them bring it on. I have no problem with using law to show bad "reasonable suspicion" on the cops part.. In addition the lack of fingerprints in the MH, the strange behaviour described by the dry cleaning clerk, drops of blood, hair et al...is what makes him stand out. These of course do not cover all the important points, but are just some thoughts for you to ponder.

[Freedom2specul8]

Yeah. I want to hear about all of evidence..and if they didn't swab the stain on the sidewalk at the garage door, I want to know why...oh there's many answers we need..and surely it'll take more than just a few days...

[jdontom]

DW could have had the weekend from hell or was trying to cover his tracks after hearing about the home searches in his neighboorhood.

Listening to the interviews he gave to media after coming back from the desert he sounded calm. I agree with everything in your post, but had to chuckle about the porn on his pc being a "prior unconvicted crime."

[Freedom2specul8]

Feldman will remove any convictions the jurors may have of DW's guilt when the Defense presents its case. DW will either be acquitted, or the jury will hang.

If doubt is presented during feldman's defense..it could be eliminated during the prosecutions closing argument..remember it is when loose ends are tied together. Do you know if in calif it's ok for prosecution to give 1/2 his closing argumetn before the defense and 1/2 after the defense? I know some states allow it. I tend to thing the jury will hang or he'll be found guilty.. But am willing to change my mind.

[Freedom2specul8]

prior unconvicted crime." .. LOL I know but I had to word it to show that he did have priors..he just didn't get caught. :)

Oh gosh, if it was just a weekend from hell, God bless him..but ya know what, the child porn removed any and all sympathy for..... those pics could be of now dead children.

[FriarTom]

Nope.

The defense won't have to explain away much. This is a common misconception people have about the trial process.

I'm sure you've heard this before, but the burden of proof is on the DA. He must PROVE that DW is guilty of this crime "beyond a reasonable doubt." It isn't up to DW to PROVE himself innocent. The Defense will use the good ol' "Some other dude probably did it," defense, and that will be enough. Hell, there are definitely other people who had opportunity.

Feldman hasn't even started his defense, yet this trial is a toss-up to this point. The DA has done nothing whatsoever to solidify his case against Westerfield. In fact, I am truly beginning to wonder if the DA is even trying to convict the man.

Think of it. The cell phone testimony proved one thing only: DW was nowhere near Dehesa--at least not that can be proven by the cp records.

The testimony of witnesses does NOT match their own statements to police--this has happened MANY times already! So what to we believe, their original statements, or their testimony during trial?

Hair evidence has been more harmful than beneficial to the DA. Hair found in DW's SUV was from Danielle L, DW's ex-girlfriend's daughter, NOT Danielle Van Dam. DA cannot place DVD in Westerfield's RV, yet DW ostensibly transported Danielle TO the RV IN the SUV.

No semenal evidence from DW has been found ANYWHERE. No evidence has been found of DW in the Van Dam residence.

No "smoking gun" evidence at ALL so far.

The DA has been able to prove the following things:

1- DW *might* have been deceptive to investigators during interrogation. Of course, it is quite possible that DW was coming to the realization that no, he was not just another witness to BVD's Friday night excursion, but he was, in fact, the primary suspect. When this finally dawned on him, it is VERY possible that he began to be initially deceptive, because HE knew that the real story would do nothing to give him an alibi. So, is he deceptive because he's guilty, or was he simply afraid?

2- Danielle Van Dam, at some point, was inside Westerfield's RV--probably. Of course, the evidence presented to verify this fact cannot be dated, so there is no way to tell WHEN she was in the RV. Also, interestingly, all of the errors in investigative protocol regarding documentation of evidence are swirling around the blood spots in the RV. Why is that? After all, they were METICULOUS in documenting everything else...

3- IF DW has ever been in the VD residence, there is absolutely NO evidence of his passing.

4- IF Danielle was ever inside DW's SUV, there is NO evidence that she was ever in there.

5- Prosecution apparently cannot place DW at the Dehesa dump-site.

6- There ARE fingerprints inside the VD home that cannot be indentified, meaning it is possible that a true stranger is the culprit of this crime.

Now, I realize that the DA has not yet finished presenting his case, but there are some logical deductions that can be made from what we have seen so far. The DA still has to present the kiddie-porn evidence. Of course, even if those images are CLEARLY kiddie-porn (and they may not be) it still PROVES nothing--only that DW was a sick pervert. A sick pervert with NO prior history, of course.

The DA still has a bit more to show regarding the Dehesa site, I would think. Maybe not. I believe they still must show time of death. They will almost certainly use a forensics entemologist for that task. Feldman, during his defense, will present his own entemologist. So the DA won't win that one. It will be a technical "draw."

The DA has the solemn responsibility to prove that DW is guilty of murder and kidnapping.

Yet he cannot prove that either a murder or a kidnapping occurred.

He can imply through the KP that sexual assault was the motive, yet he cannot prove sexual assault occurred.

When you get right down to it, he cannot PROVE much.

Unless there is something DAMNING forthcoming, Feldman will remove any convictions the jurors may have of DW's guilt when the Defense presents its case.

DW will either be acquitted, or the jury will hang.

Be ready for it.

[Freedom2specul8]

another point to ponder..professional crime scene cleaning...wonder if he got some professional advice on how to clean blood out of carpet.. IE: maybe he called and said, hey I cut myself on a glass...how do I get the blood out of my carpeting? Just a tbought!!

http://www.wecleanall.com/

Our services include cleaning, sanitizing and deodorizing. Services are not limited to crime and trauma scenes, but also suicides, homicides, decomposition and or/ natural and accidental deaths. Red Alert provides mold remediation services with fully trained certified mold remediation technicians.We also offer services involving hospitals , aircraft and vehicular accidents , fire and flood damage.In such cases, structural damage may have occured and we are equipped to offer complete restoration.

Red Alert recognizes that the times in which our services are needed are usually unpleasant and may even be tragic. It is for this reason that we strive at all times to provide you with the most professional and courteous services at all times. Our team is dedicated to minimizing the affects of trauma and crime to family members and property owners. You the customer are our first priority.

http://www.wecleanall.com/services.htm
full and spot DYEING

[Freedom2specul8]

Got the hiccups? (FR is hanging a little..hence the multiple posts) :-)

[Southflanknorthpawsis]

Take my word for it when I tell you that I have plenty to ponder without help.

This trial is in its beginning. I imagine it will be much better to discuss when we hear from the Defense.

Meanwhile, we are arguing the People's case against each of our own perpsectives without so much as a peep from the other side, excluding cross.

I think it is best to freely comment on what we see now, but conclude little.

Once the Defense has spoken, a true judgment is valid. Decisions based on one version only are truly unjust. We are still in the middle of the "presumption of innocence".

[NatureGirl]

but he acted in a way that no one else did according to the cops testimony such as pointing things out.

But what we have here is a problem with bias in perception. Other people probably did point out things, helpfully, as you would expect most people to do, but since the cops appeared to have already made up their minds as to who their prime suspect was, then that behaviour in DW becomes "suspicious".

We do a similar thing here with DVD. Maybe it was a normal procedure at the Van Dam house to leave wet towels and throwrugs in the washer. But, when we think DVD killed his daughter, we see that fact as being "suspicious".

All that stuff about the hose being left out, the bleach on the shopping list is meaningless to me because of that bias. The way I read it, the LE were "pointed" in the direction of DW, and then started to make the pieces fit.

[Freedom2specul8]

http://ohoh.essortment.com/stainsbloodtou_rvfc.htm
Blood stain removal

Blood, (I don’t even want to know how it got there) can be gotten out by using hydrogen peroxide. Be sure this is safe for your fabric because peroxide can bleach colors. Another way to remove blood is to soak the fabric in a mixture of 1 quart of water, ½ tsp of liquid hand soap and 1 tablespoon of ammonia.

DRY CARPET CLEANING
http://www.stretcher.com/stories/99/991206d.cfm

My husband and I have used the powder "Capture" for years. It is sold at Home Depot and Sears and has taken out tar, grease, blood and red wine! You blot the spot with a towel or wash cloth and cold water, after removing any obvious "chunks" of the offending material, brush the powder into and around the spot, let dry and vacuum. NOTHING else has worked for us

[demsux]

The $64,000 question...

Does Greg Weston = Luis Gonzalez??????

[Freedom2specul8]

But what we have here is a problem with bias in perception. Other people probably did point out things, helpfully, as you would expect most people to do, but since the cops appeared to have already made up their minds as to who their prime suspect was, then that behaviour in DW becomes "suspicious".

The cops said that normally, people dont' point things out. If that were untrue, would they actually publicize further that claim by using it as another clue? No one has come forward and disaffirmed that publicly reported claim. (not even the defense as far as I can tell)

Maybe the defense will clutch on to it and show something to disprove it. IF there is a bias..a bias has to be proven--maybe the defense can prove that too. Like I said earlier, I'm willing to change my mind..and if this can be disproven by the defense, or another neighbor, that would be a strike against the detectives/cops..