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Hair in Westerfield home similar to Danielle's: (6-25-2002 Van Dam vs. Westerfield Trial Coverage)
North County Times-San Diego ^ | June 25, 2002 | Kimberly Epler

Posted on 06/25/2002 9:30:26 AM PDT by FresnoDA

Hair in Westerfield home similar to Danielle's

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- A police criminalist testified Monday that tiny pieces of evidence ---- hairs and carpet fibers ---- found in David Westerfield's house and motor home could link the Sabre Springs man to Danielle van Dam, the 7-year-old neighbor he is accused of kidnapping and murdering.

Tanya DuLaney, a trace evidence analyst with the San Diego Police Department, said blonde hairs, dog hairs and tan carpet fibers found on Westerfield's property were similar to Danielle's hair, the short brown-gray fur of the van Dam family dog and Danielle's bedroom carpet.


DuLaney said she could not make a 100 percent match of the hair and fiber evidence.

Westerfield, 50, could face the death penalty if convicted of kidnapping and murdering Danielle. The young girl was reported missing Feb. 2. Her nude and decomposing body was found nearly four weeks later in rural East County.

Westerfield, a twice-divorced design engineer, kept his hands clasped in front of him during Monday's proceedings, occasionally writing notes and consulting with his attorneys.

Danielle's mother, Brenda van Dam, attended the entire hearing. The van Dams live two doors down the street from Westerfield and were passing acquaintances with him. Damon van Dam sat with his wife during the morning session.

Day 12 of Westerfield's trial was dominated by the hair and fiber testimony of DuLaney, who told jurors that light brown-blonde hairs found in Westerfield's motor home and house were similar to Danielle's hair in color, length, diameter. Westerfield has short, dark hair.

Jurors heard testimony that DNA evidence will show Danielle could have left the blonde hairs found on sheets and pillow cases taken from Westerfield's master bedroom ---- the first possible evidence placing the second-grader upstairs in his home.

"They could have come from Danielle van Dam," DuLaney said of tests performed on the hairs. "All six of them."

Further testimony on the hair samples is expected today or later this week when prosecutors are expected to wrap up their side of the case.

Meanwhile, Westerfield's defense attorney, Steven Feldman, focused on what didn't match, having DuLaney go over hair after hair found in the motor home ---- some brown and others color-treated blonde ---- which were determined not to be Danielle's because of color, length or dye.

Earlier in the trial, Brenda van Dam testified her daughter's hair was never dyed and Danielle had a haircut about a week before she disappeared. Van Dam also had testified she took Danielle to Westerfield's house to sell Girl Scout cookies a few days before Danielle disappeared. She testified her daughter went into the house briefly, but did not go upstairs.

The tedium of the fiber and hair testimony prompted Judge William Mudd to give jurors an extra long afternoon break.

Feldman followed the same line of questioning with the carpet fibers, asking about fibers that didn't match. He called attention to a lack of physical evidence putting Danielle in Westerfield's black Toyota 4Runner, the car Westerfield drove when he went to get his motor home on Feb. 2 ---- the morning Danielle was discovered missing.

None of Danielle's hair or blood was found in the vehicle, another police criminalist, David Cornacchia, testified. Nor were any of the carpet fibers lifted from the soles of Westerfield's 25 pairs of shoes similar to Danielle's bedroom carpet, DuLaney said.

Also on Monday, DuLaney told jurors about finding five carpet fibers in Westerfield's motor home that were similar in size and shape to Danielle's bedroom carpet.

She showed jurors enlarged pictures, showing the fibers side by side with those from Danielle's bedroom and magnified 400 times, to illustrate how the fibers were consistent.

Under questioning from Feldman, Westerfield's defense attorney, DuLaney said it was possible that many houses in a development like the Sabre Springs neighborhood where the van Dams and Westerfield lived could have the same carpet.

She also talked about dog hairs found in dryer lint thrown away in Westerfield's garage. More hair was found in the hallway carpet of his motor home, on a bath mat in the motor home and on a white towel. Those hairs were consistent with the hair on van Dam's dog, Leyla, DuLaney testified. Westerfield does not have a dog.

Brenda van Dam testified earlier in the trial that her daughter would often roll around with Leyla, especially after she had changed into her pajamas before going to bed.

While the dog hair found in Westerfield's house and motor home had the unusual pigment formations found in Leyla's hair, DuLaney said she could only say the hairs were similar, not exact matches.

Attempts to perform DNA tests on the hair were unsuccessful, said Holly Ernest, director of the UC Davis veterinary genetics lab. She briefly testified that there was not enough DNA on the dog hair sent to the university for testing to determine whether it belonged to Leyla.

Feldman did not ask Ernest any questions.

Testimony in the case continues today.

Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.

6/25/02


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: vandam; westerfield
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To: sbnsd
Then Feldman represented to the jury that what was shown to them was all that was found. That is NOT the case and ...

I am still confused by this. Did Feldman say that the particular type, the CHILD PORN with RAPE SCENES, is all of that type that was found? And is not this the case?

Did the judge make a mistake here.?

Or did Feldman say there were only 14 items of PORN found?

How could Feldman say anything like that when it has been admitted as to how many images there were, how many were porn, how many were possible child porn??????????????

781 posted on 06/25/2002 9:56:29 PM PDT by UCANSEE2
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To: John Jamieson
I hate to tell you this but, beyond the simple GRID DIP meter, there are devices available now that will allow the reading of the magnetic images from your hard disks (at reasonably close distances) when the power in your computer is actually turned off. :)
782 posted on 06/25/2002 9:58:11 PM PDT by pyx
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To: UCANSEE2
I remember there being testimony in the PH about this. And those 'questionable' porn was still images. An amount was specified then and there. I also believe I heard there were some mpg's. Two was the number, am I correct? Or am I way off base.
783 posted on 06/25/2002 10:00:07 PM PDT by UCANSEE2
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To: UCANSEE2
One of my online friends, who I met back in '97 suggested back then that I watch that movie cuz he was a libertarian trying to prove that laws won't prevent bad behaviour, he also wants to legalize hemp, not pot..for clothes rope etc..it was the STRANGEST movie I can ever remember seeing. I had never heard of it prior to. Am glad I saw it..I keep remembering the guy in the movie theater with his eyes taped open...being forced to watch the deprogramming or brainwashing movie.

You know what I feel about clintonese style of attacking..I don't know what the political affiliation is of those folks... I pointed everyone to that link mainly to see the reports that were being given from their news sources. what did you think of those?

784 posted on 06/25/2002 10:03:36 PM PDT by Freedom2specul8
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To: John Jamieson
Might also give DW a giant appeal loophole, if he is found guilty.

Which part JJ?

785 posted on 06/25/2002 10:08:33 PM PDT by Freedom2specul8
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To: UCANSEE2
"You've represented (during cross-examination) that there's just 13 images that can be found against your client," Superior Court Judge William Mudd said angrily to defense attorney Steven Feldman, after jurors were excused from the courtroom. "Believe it or not, this is a search for the truth."

Mudd said the two sides and the judge spent days in pretrial hearings to determine which images would be allowed into evidence. Now, because Feldman has "opened the door," all the images discovered on the computer equipment are in evidence, he said.

The images police printed fill two large three-ring binders, with about 10 images per page. Mudd told Feldman he purposely structured the prosecution's case to "minimize the prejudicial impact" on Westerfield.

786 posted on 06/25/2002 10:10:02 PM PDT by Freedom2specul8
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To: cyncooper
Heres the problem. I am positive I heard the prosecution mention more than once the "100,000" porn images found. The judge did not order that they opened the door for all to be admitted by mentioning how many they found. So it seems the prosecution opened the door concerning the 100,000 figure. Of course feldman would mention the figure to his advantage.
787 posted on 06/25/2002 10:11:11 PM PDT by ethical
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To: ~Kim4VRWC's~
If the porno evidence is allowed, but its found that he can't be convicted of it (because of SC decision), his lawyer will claim he needs a new trial, without the porno evidence.
788 posted on 06/25/2002 10:14:42 PM PDT by John Jamieson
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To: All
G'nite everyone..until tomorrow..

peace~

789 posted on 06/25/2002 10:15:04 PM PDT by Freedom2specul8
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To: ethical
Actually, it was 100,000 graphics found...8-10,000 of those were estimated to be nudes.....in PH, it was around a 100 that were questionable...so I'm not clear if 8-10,000 nudes will be admitted (adult, large busted woman) or just the remaining questionables?
790 posted on 06/25/2002 10:16:21 PM PDT by Rheo
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To: ~Kim4VRWC's~
Mudd shows his prejudice here big time and lays foundation for a good appeal. That he would describe those images as being "against" westerfield shows that he has made up his mind about who was downloading them, viewing them, saving them and that doing so leads creedence to charges of murder. He should have said something like "you misrepresented the number of potential child ponography images found in your clients house or on his hard drive."
791 posted on 06/25/2002 10:17:12 PM PDT by ethical
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To: ~Kim4VRWC's~
H.R. 4623 would make it illegal to:
- Create a computer-generated [snip]visual depiction that appears [snip] from an image of a minor engaging in specified sexually explicit conduct;


As much as I loathe the idea of real child pornography and believe people engaged in the real manufacture of this sort of filth might be candidates for the death penalty after fairly being convicted, I can't say I agree with this bill. Given the state of technology and that there are very definite inroads being made into electronically scanning and decyphering on a very limited basis, brain waves, this bill really does attempt to address thought crimes.

Now I would imagine the technology is not perfected or in production yet. But given that taxdollars are unlimited, I can see such devices being deployed and used on a compliant and complacent general public sometime down the road. This sort of bill paves that road.
792 posted on 06/25/2002 10:17:31 PM PDT by pyx
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To: John Jamieson
I think it's pretty clear that there is porn in which little children were used. I would think the atty could just ask the charges to be dropped..but John, I see someone's hands dirty with guilt, and I see little girls that need to be justice. I'm still willing to say It looks like he's guilty and that you could change my mind on friday..and that's the truth.

What scares me is what if the defense tries to insinuate the ones that are real are actually computer generated....what can computer techies tell us about that? Is there a way computer techies can tell the difference?

793 posted on 06/25/2002 10:18:45 PM PDT by Freedom2specul8
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To: ethical
NO! 100,000 images......8,000 to 10,000 porno, less than 100 child porno. I think I heard it right; I was really paying attention.

Feldman tried to reduce less than 100 to 13, but didn't get away with it. Most of the images in the books are going to be adult porno. Why would the jury care?
794 posted on 06/25/2002 10:20:13 PM PDT by John Jamieson
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To: pyx
R u talkin bout mind control and elminiating independant thought?
795 posted on 06/25/2002 10:20:13 PM PDT by Freedom2specul8
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To: All
I gotta go for sure.. hasta luego!
796 posted on 06/25/2002 10:21:57 PM PDT by Freedom2specul8
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To: pyx
Thanks for the info.
797 posted on 06/25/2002 10:28:39 PM PDT by sunshine state
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To: Rheo
My daughter brought up another thought. If they begin to introduce all kinds of porn (mostly adult) and connect that to motive.......will that then open the door to the van Dam lifestyle and it's indications?
798 posted on 06/25/2002 10:28:39 PM PDT by Southflanknorthpawsis
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To: ~Kim4VRWC's~
Is there a way computer techies can tell the difference?

Sometimes, but internet video is really low quality. If would be much easier to tell on VCR tape or DVD. In a few years it will be impossible to tell.

I think the the defense will imply the videos are adult actors and that DW didn't even know he had those videos.

If they have to, they'll give up the porno charge completely (what would he get for that one by itself, 200 hours of community service?) and concentrate on knocking down whatever evidence still remains on the murder charge.

799 posted on 06/25/2002 10:31:40 PM PDT by John Jamieson
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To: ~Kim4VRWC's~
R u talkin bout mind control and elminiating independant thought?

No. I am talking about our recent meanderings into the realm of thought crimes such as "hate crimes" legislation. I am also talking about the acceptance of the interception, quantifying and qualifying of an individual's thoughts by an omnipotent, omnipresent authority that despises freedom and instead punishes individuals who do not comply with the proscribed thought or orthodoxy. Freedom is a GOOD THING.
800 posted on 06/25/2002 10:34:26 PM PDT by pyx
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