Westerfield attorney's begin defense: Dusek STUNNED by Defense calling for Keith Stone. Barb next?

Union Trib ^ | July 2, 2002 | Union Trib

[FresnoDA]

Westerfield attorney's begin defense

By Jeff Dillon and Steve Perez
SIGNONSANDIEGO

July 2, 2002

A recovery dog behaved normally during an inspection of the motor home of murder defendant David Westerfield, a police investigator testified at the outset of the defendant's case this afternoon.

Prosecutors rested their case Tuesday morning against the man accused of kidnapping and killing 7-year-old Danielle van Dam, but the judge said there is an unspecified witness the prosecution may call before the trial ends.

Attorneys for Westerfield began calling defense witnesses this afternoon.

Dog's behavior recounted
San Diego police homicide investigator James Tomsovic was the first witness called by the Westerfield's defense team. He was asked by defense attorney Robert Boyce to describe the behavior of Cielo, a search dog owned by Jim Frazee, during a search on Feb. 6.

"The dog went around the motor home with Mr. Frazee in close attendance," the officer said. "The dog examined each of the lower equipment bays on the motor home, again with Mr. Frazee in close attendance and that is all I can recall of my observing."

Frazee has previously testified that his dog "alerted" to the possible scent of a cadaver on the motor home.

Under cross examination by prosector Jeff Dusek, the investigator testified that he had no formal training in dog handling.

Neighbors testify
Two neighbors of Westerfield's followed Tomsovic on the witness stand. Though called by the defense to testify that the defendant left the motor home parked in the neighborhood often, Dusek elicted testimony from that that showed the defendant usually cleaned it before and after his travels.

No witnesses have recalled seeing the defendant do that on the weekend in Febuary that the victim, Danielle van Dam, disappeared. Westerfield parked his motor home around the corner from his home as television news crews invaded the neighborhood to report on the well-publized search for the child Feb. 2, and returned without it on Feb. 4, after embarking on a rambling journey around San Diego and Imperial counties.

Software enginer Mark Roehr, who lives across the street from Westerfield, testified that he and his wife Janet have socialized with Westerfield over the last four years. Roehr said the defendant would park his motor home in front of his home for a period of time ranging anywhere from a day to several days.

Roehr agreed under questioning from Boyce, that Sabre Springs was a family neighborhood where a range of school-age children could be seen walking its streets.

Roehr said he found Westerfield's motor home unlocked at one time.

Prosecutors have presented forensice evidence that blood and hair from the victim was found in the motor home.

The Roehrs returned to the Sabre Springs neighborhood around 3:30 p.m. on Feb. 2 after a day of house-hunting to learn of Danielle's disappearance, according to the testimony.

Westerfield appeared moments later in his motor home. Roehr said his neighbor was unable to get to his home because of the presence of the news media, and because authorities had taped off certain parts of the neighborhood.

"He pulled up on Briar Leafe toward Mountain Pass road then gave me a sign like 'what's going on?' " Roehr said. "Rather than try to explain through the window of the motor home, I just pointed him down the street toward Mountain Pass to find a place to park."

Under cross examination from Dusek, Roehr said that it had been several months since Westerfield had brought his motor home into the neighborhood. He also said that he had never seen school-age children in the motor home.

The couple had been in the neighborhood around 10:30 a.m. the morning of the girl's disappearance, but at the time had noticed nothing unusual, Roehr said, under the prosecutor's questioning. Westerfield was not seen in the neighborhood then, Roehr said.

Roehr also said he never checked the motor home's door daily to see if it was locked.

"Did it appear that when the motor home would be brought into the neighborhood it was in preparation for a trip?" asked Dusek.

"Typically, yes," Roehr said.

"Why do you say that?"

"Because I know that's what he does. He comes in, he cleans the windows, gets it ready -- because it's stored some place where it gets dirty. He gets it prepared."

The prosecutor noted that it appeared to be "a ritual" when Westerfield was planning for a trip."

On most occasions, Roehr said, Westerfield would be accompanied by his son, or a girlfriend.

'Helpful and friendly'
His wife, Janet Roehr, described her neighbor as "helpful and friendly" and his home as "neat and orderly."

Under questioning from Dusek, she testified that she had never been in the upstairs part of Westerfield's home, or his office.

She too recalled seeing Westerfield's motor home arrive on that Saturday afternoon, but admitted to Dusek that it wasn't typical to see him in the motor home alone. Typically, she said, someone drove with him in a car to assist in picking up and dropping off the motor home from storage.

"Did he have anyone with him this day," said Dusek.

"No," she replied.

Focus on hose:
Another neighbor, Paul Hung, said his relations with the defendant were cordial. Under questioning from Boyce, Hung said he had a "open invitition" to swim in Westerfield's pool. He also said it wasn't unusual for Westerfield to leave his garden hose out in the front yard.

Prosecutors have made much of a garden hose being left out in front of the defendant's home on the weekend the victim disappeared and he left on the trip in his motor home.

"Was it unsual for Mr. Westerfield to leave his hose unraveled on the front lawn?" asked Boyce.

"I don't think so," Hung said.

"You've seen it like that before."

"Yes I have."

Hung also verified that the motor home had been left in the neighborhood and that children were also seen in the vicinity.

Another defense witness shared little more with the jury than his name and title before being dismissed. Boyce asked Richard Maler, a San Diego police robbery detective, if he had interviewed Keith Stone on Feb 2. Stone, a construction project manager, was with Brenda van Dam and two of her friends the night before the victim vanished.

The interview took place at a police substation. But once Boyce asked Maler if Stone had told him where he had been that night, prosecutor Dusek raised an objection that led to a lengthy sidebar discussion between the judge and attorneys.

When it ended, the witness was excused without a public explanation.

The day's final witness was police detective Johnny Keene, who recounted the times he contacted Westerfield on Monday Feb. 4, upon his return to the neighborhood.

His first contact was around 9:30 that morning he said, under questioning from defense attorney Steven Feldman, and lasted until around noon.

There was a period of time when Westerfield accompanied them to an inspection of the motorhome on Skyridge Road.

The defense attorney appeared irritated when Dusek produced a photograph that showed Keene and other authorities looking through Westerfield's garage, with the defendant present.

The photograph, taken sometime between 10:30 a.m. and 11 a.m., was apparently introduced by Dusek to show the investigator was wearing gloves when he was going through the garage.

It appeared to be the first time Westerfield's defense attorney had seen the rather sizeable photograph.

"We see a man inside of his house," Feldman said, holding up the photograph for jurors to see. "Who's that?"

After Keene identified him as a police sergeant, Feldman noted the man was standing in the area of the washer-dryer.

"Do you see any sweat on Mr. Westerfield's armpits," the defense attorney said.

"Not in that photo."

Previously, authorities have testified Westerfield was sweating profusely when they contacted him, though the weather was relatively cool.

After the jury was excused for the day, Feldman complained that he had not been previously provided a copy of the photo.

Prosecutors rested their case
Prosecutors rested their case after calling an animal DNA expert who testified that hairs found on Westerfield's laundry and in his motorhome could have come from the van Dam family dog.

Westerfield is accused of sneaking into the van Dam's Sabre Springs house on Feb. 2 and abducting Danielle, then killing her and dumping her body off rural Dehesa Road near El Cajon.

Today was the 15th day of testimony in the case and the 17th overall day of court activity since the trial began on June 4.

Judge William Mudd told jurors before the start of a noon lunch break that an additional prosecution witness had not been able to develop his or her testimony due to the speed with which the trial began and that prosecutors might call that witness "if and when that witness becomes relevant."

Dog evidence

Lawyers spent much of Tuesday morning revisiting the testimony of a dog handler who said his dog "alerted" to the possible scent of a cadaver on Westerfield's motor home in a police impound yard on Feb. 6.

Canine handler Jim Frazee initially testified on Wednesday, June 26. Testimony didn't resume until today because jurors toured the motor home Wednesday afternoon and lawyers for both sides met with the judge to discuss witnesses and related legal issues on Thursday and Monday. There is usually no court activity on Fridays.

Though his dog, Cielo, sat down, looked at him and barked after sniffing a storage compartment, Frazee admitted he wasn't sure the dog had had a valid reaction until he learned on Feb. 22 that Westerfield had been arrested and a blood stain had been found in the vehicle.

The dog didn't give an "alert" after it was allowed to sniff a shovel and lawn chair stored in the compartment and failed to react after a second trip around the motor home, Frazee said.

"'I didn' t know what to make of what Cielo did and left the scene wondering,'" Frazee said, reading from a Feb. 22 e-mail he had sent to friends about the incident.

Both Cielo and Frazee's other search-and-rescue dog, Hopi, had failed to react during a previous inspection of the motor home at its storage area on Feb. 4.

A defense attorney for Westerfield asked Frazee if he knew he had the nickname "180-Frank."

"You have that because when you and your dog search in one direction, everyone goes in the other direction," Robert Boyce said.

"I've never heard that," Frazee replied.

Another dog handler, Rosemary Redditt, testified Tuesday morning that she saw Cielo's behavior at the motor home on Feb. 6 and had no question that the dog had actually given an alert.

Other developments

Animal DNA analyst Joy Halverson testified that dog hairs found on Westerfield's laundry and in his motor home could have come from the van Dam family dog, Layla.

Westerfield's lead defense attorney, Steven Feldman, questioned Halverson's credentials and methods, noting that her interpretation of the DNA evidence changed between her first report, a follow-up report and a presentation in the courtroom.

There won't be any court activity on Thursday, due to the Independence Day holiday, or on Friday.

Mudd told jurors he might have to change his rule against court activity on Fridays and hold a session on Friday, July 12.

Mudd has said he plans to take July 15-19 off for his wedding anniversary.

[FresnoDA]

Freepmail alert...

[RnMomof7]

But I do wonder how it could be done and why they didn't present evidence on how he got in and out.

Alot of us have the same question...so the answer must be they can not prove it..

[UCANSEE2]

. I'm sick and tired of the Westerfield fans pretending that we can't judge someone that we TRULY believe is a child molester.

No one ever said you can't judge anyone you chose. You TRULY believe DW is a CHILD MOLESTOR. Name one child he molested. Show proof Danielle was molested.

[luvbach1]

Right you are, we are free to consider the defendant guilty until proven innocent.

[nycgal]

Those who have claimed they are "on the fense" are apparently coming out and saying that the "wrong guy was pegged" ... an opinion.

Sorry, but you're wrong. I don't know that the "wrong guy was pegged". DW, in fact, may be guilty of a horrendous crime. I, and I think I can speak for others, am not totally convinced of his guilt or innocence given what the prosecution has presented so far. It's entirely possible Feldman may screw up and that Dusek will deliver what he promised to the jury. In the meantime, I'm watching, listening and reading.

[Rattlins]

Very Good Point, we also don't know how they really made a print match with Daniele, they say it was reconstructed?
All this from a mummified body! One hair in the sink drain is not enough to convict a man, it could of easily been transferred on a towel taken from the home.
The hard evidence is the blood, that is the incriminating
evidence, that alone, let's see what Feldman can rebutt
before we accept this totally!

[Rheo]

Jeff Graham testified to it...when he was reviewing the latents that were given to him by the techs that printed..he noticed in the picture there was no print dust..so he went back to the MH in March to do that and look for the earring back.

The tech did also not notate if the prints found of Danielle L and Jennifer were on the outside of that window or the inside.

[Jaded]

One of the criminalists last week said they only tested hair that was similiar to Danielle's. I'd call that proof. Unidentified prints in the VD home, unidentified DNA on Danielle's blanket. The list continues to grow.

[BunnySlippers]

Right you are, we are free to consider the defendant guilty until proven innocent.

LOL ...

[BunnySlippers]

The list continues to grow.

And how many people do you know that have that grade of child porn in their homes?

[Rheo]

Here is a pic of the jacket stain if you or others haven't seen it yet..the one one the right is a test spot for knowns..the blood stain, which tested to be Danielles measured at 1 3/16"....the carpet blood stain by the dresser/closet was 1/4" in diameter.

[luvbach1]

Actually, I made up the scenario(s) to which you refer. Yes, I watch the trial, but only sporadically on local San Diego TV.

[UCANSEE2]

I will be leaving soon. I am gonna try to catch up on all replies first.

Here is the revised PING list.

Welcome to Dread78645 and SheLion !

UCANSEE2;FresnoDA; Mrs. Liberty; demsux; MizSterious; Jaded; skipjackcity; RnMomof7; spectre; Poohbah; BARLF; Valpal1; FriarTom; DoughtyOne; Amore; Travis McGee; BunnySlippers; Hillary’s Lovely Legs; fivecatsandadog; mommya; Doc Savage; ~kim4vrwc's~; goldenstategirl; Politicalmom; southflanknorthpawsis; Lauratealeaf; mini_teacup;Snow Bunny; Alamo-Girl; Republican Wildcat; Howlin; Fred Mertz; onyx;SusanUSA;MdmKoochie ;Uni-Poster;fnord;Uni-Poster; Registered; TXDeb; tutstar; theirjustdue;notpoliticallycor ewrecked;lady reaper;Beach_Babe;brneyedgirl; wonders; HoHoeHeaux; vacrn; Karson;sbnsd;Rheo;John Jamieson;jacquej;let freedom sing; nycgal; hergus; Hildy; tutstar; ThinkingMan; Amore; Howlin; Mrs.Liberty; rolling_stone; wirestripper; Jhoffa_; GummyIII; Luis Gonzalez; Lanza; sneakypete; Tennessee_Bob; Greg Weston;Shezza;Dudley;Winstar1k;is_is;Wednesday’s Child;Donzerly lights;Mrs.O’Strategery;pinz-n-needlez;Angelique;Jdontom;Nancie;Tiger28;sunshine state;fatima;Henrietta;Blue Screen of Death;pubmom;mickie;Spunky;it’s me;TexKat;gigi;Yeti;alexandria;luv2lurkhere;JudyB1938;pyx;SheLion;Dread78645

[nycgal]

Thanks! It's just as I remembered.

[Rheo]

Have a great night!

[Mrs.Liberty]

But this would have been extremely risky since police were on the scene before dawn.

In another time zone, maybe. Police were not called until close to 10 AM.

However, the perp could never be sure just when Danielle would be found missing and LE alerted.

[UCANSEE2]

ANY PROOF AT ALL that no time was spent on any other person or persons.

Let me clarify. If I misled you earlier, I apologize. After police locked onto DW, they spent no time pursuing any other leads. From that time on they ignored any evidence that didn't point at DW.

I named specifics earlier, so I won't repeat them.

Does that help? I don't believe I said they never spent any time checking out or interviewing anyone else.

[Karson]

Actually one of the "talking heads" (natural blonde) did make the statement the VDs were outside searching for their child at 3-4 AM. She wasn't even listening to the testimony she was being paid to comment on!

[Rheo]

You're welcome....when Jeff did the orientation example of how the prints were on the cabinet....it would be like if she rested her left hand on that moulding..while possibly opening the cabinet with her right......did not find ID'able prints on the right.

[BunnySlippers]

Sorry, but you're wrong. I don't know that the "wrong guy was pegged"

No, I'm not wrong, you're wrong. I was referring to post # 22. The "We're on the fence" crowd is not really on the fence ... some are ... but some have never been.