Anatomy Of A Murder: Westerfield vs. Van Dams (A Mother's Story)

San Diego Online ^ | June 27, 2002 | Kevin Cox

[jacquej]

It is free, independant, and informative, juscuz. But it is "protected". Other forums, such as Jameson's, charge the tidy sum of $50 a year to post, and you have to be cleared by the moderator to join.

Many of the forums I belong to are free, if you can tolerate advertising, but are closed to lurkers.

The reason for the screening is to keep out disruptors, those who want to argue rather than discuss, and those whodo not understand the difference between evidence and (take your pick) rumor, media-hype, talking head lawyers on Nancy Grace/Court TV...

Not that we do not discuss these things, as we do. But we know the difference.

Please write to political mom if you would like to join us over there.

[Karson]

I've been here awhile, reading to catch up on all the posts since I went to bed early last night.

I agree with whoever posted about the story being consistent (and odd) of going back to Dad's for cigarettes. Maybe they were afraid someone saw them going into the parking lot at closing time? Why would that bother them? hmmm

Another thing I wonder about is the story of the group going out to Brenda's truck at Dad's and why the time is important and why it matters where everybody was sitting in the truck and who was outside standing where. Why does it matter?? Apparently it does, because they spent an awful lot of time on that part of testimony and all 5 are fairly consistent. I think it means something but what? hmmm

Why did Denise say they "heard" that DW had left the bar that night? Why were they even discussing whether he was still there or not? They weren't paying him any attention, according to Brenda and Denise. hmmm

[Rheo]

Another thing I wonder about is the story of the group going out to Brenda's truck at Dad's and why the time is important and why it matters where everybody was sitting in the truck and who was outside standing where. Why does it matter?? Apparently it does, because they spent an awful lot of time on that part of testimony and all 5 are fairly consistent. I think it means something but what? hmmm

Maybe it is going to be about witnesses....say Feldman has witnesses that will testify to BVD doing some things in the parking lot....it will be the pizza gang against the other witnesses as to who the jury believes.

Other than that, I can't figure it either....used to think it had something to do with the Boo story and Danielle being on the drivers side of the car when she scared them and fingerprints?...can't make that work.

[Yeti]

dw was a loner who partied all night at bars while married,

I keep seeing this. Am I the only person who sees the prima fascia contradiction here?

[Rheo]

He was one of those loners that liked being around a lot of people in a social atmosphere, not a loner that liked to be alone..:-)

[Freedom2specul8]

Maybe you are the only one! A better term would have been stayed out all night "drinking"..while he was married. For some reason, I've never associated bars with drinking alone...I always thought of people who did that as lonesome or alcoholics..

[Freedom2specul8]

It gave him a feeling of pseudo-social butterfly I'm sure. (ok that was bad)

[Freedom2specul8]

I figured if the cigarettes had the rest of the joint in it..or was that a different pack of cigarettes?

[Yeti]

Perhaps she went to pick up the doobie at 5?

I've been thinking this from the start. Could be powder or crack cocain which would explain the urgency of the cigarette pack, or ecstasy, which wouldn't explain the pack, as it would all have been ingested earlier.

Both are very realistic possiblities. And the much stiffer penalties for these popular party drugs would explain some lying early on.

[Karson]

I understand them going back to get a pack of cigarettes if they contained drugs, or even if they didn't ... maybe her favorite cigarette lighter was left behind too. The part that makes me go "hmmmmmmm" is they all made sure they included that part of the story in their testimony. Yet, they left out things that would seem to be more important. Brenda never said anything about hugging and kissing the kids goodnight before she went out. Most moms do that automatically. I'm surprised she didn't talk about the last time she saw Danielle. In fact, it's noticable to me how little Brenda and Damon both talked about Danielle's activities on that last day and evening.

[Freedom2specul8]

the internet was being used while DW was not in residence and SDPD was there

My youngster apprehended the computer from me while I wa trying to post this. I'm finally back for a few minutes. :)

Are you sure? I thought they were referring to this...there are preveious reference to the file access around 4pm on the same url...if you want to check. Tell me ya think.

http://video.uniontrib.com/news/metro/danielle/transcripts/20020625-9999-pm2.html

They were accessing files on the computer's harddrive. That's easy to do.

11 Q. DIRECTING YOUR ATTENTION TO 142B, AGAIN WE SEE AN

12 INDICATION OF A FILE LAST ACCESSED FEBRUARY 4, 2002 AT 4:47

13 P.M., IS THAT RIGHT?

14 A. YES, SIR.

15 Q. CAN YOU TELL ME PLEASE WHAT'S THE PATH THAT'S16 REFLECTED?

17 A. YES, I CAN. IT'S 001 BACK SLASH C BACK SLASH

18 WINDOWS BACK SLASH TEMPORARY INTERNET FILES BACK SLASH CONTENT

19 PERIOD IE5 BACK SLASH G5ENGXQB BACK SLASH LESBIAN, AND THEN BO,

20 I CAN'T READ THE REST OF IT.

[Karson]

In reading the earlier posts about the dogs searching for scents, a new question occured to me. How long does a person have to be dead before their scent changes? In other words, how long would Danielle have been dead before a cadaver (sp?) dog would have picked up her scent?

[Rheo]

Jaded made an error I believe in her post....the computer was being accessed to porn while DW was with SDPD at the police department....they did't search until 2:30am on 2/5...the computer was being accessed at 4:07, 4:45 and 6:51 on 2/4

[Freedom2specul8]

Earlier portion

18 Q. I'M ASKING YOU WHETHER OR NOT, IF YOU EXAMINED THE19 COMPUTERS YOU COULD TELL ME WHETHER OR NOT ON FEBRUARY THE 4TH,20 WHEN DAVID WESTERFIELD WAS DOWNTOWN SPEAKING TO PAUL REDDEN,21 WHETHER THERE WAS SOMEONE USING THE COMPUTER.22 MR. DUSEK: OBJECTION, MISSTATES THE EVIDENCE.23 THE COURT: OVERRULED. DOES IT HAVE THAT CAPABILITY?24 YOU MAY ANSWER.25 THE WITNESS: YES. IT WOULD HAVE CAPABILITY TO SAY A26 FILE WAS BEING ACCESSED AT THAT TIME.27 28 ///63271 BY MR. FELDMAN:2 Q. WERE YOU ACCESSING FILES AT 4:07 P.M., SIR, ON3 FEBRUARY THE 4TH?

[Freedom2specul8]

Rheo, can you check the past post and tell me if that is what you guys are referring to?

[Karson]

Did they have a search warrant at that point to even be accessing his computer?

[Valpal1]

I think it is a combination of both the things you mention, as well as time of year and weather (cool/dry in a deserty area to begin with), age of victim, particular length of time in open, etc.

We will see if Feldman can succesfully challenge the forensics of this case.

[Rheo]

In fact, it's noticable to me how little Brenda and Damon both talked about Danielle's activities on that last day and evening.

When a person is guilty of something, they will often put the most intensity on those things that they want you to believe...and the least on those things that are true that they do not want you to think about.The order of importance is reversed.(an arson investigator uses this and I'm still trying to apply it)

What really did happen that entire day and night?...it's a good thing those pizza people were over or we wouldn't know if she actually disappeared at noon on Friday.

[Freedom2specul8]

I'll check..If it was searched at 2:30 am on the 5th, maybe so. The warrant was issued feb 5th..a tuesday. Doesn't say what time it was signed or if it was retroactive. I'm checking a couple of other documents.

[Rheo]

How long does a person have to be dead before their scent changes? In other words, how long would Danielle have been dead before a cadaver (sp?) dog would have picked up her scent?

Good question!..the things I'm learning.