Posted on 07/03/2002 3:36:43 PM PDT by FresnoDA
David A. Westerfield, 50, is charged with kidnapping and killing 7-year-old Danielle van Dam. He is also charged with misdemeanor possession of child pornography. Prosecutors have said the 80 or so images of child pornography taken from Westerfield's home indicate sexual interest in children.Defense attorneys are trying to show that the defendant is not responsible for the pornographic images -- including those of young children -- found on his computer equipment.
David A. Westerfield, a 50-year-old self-employed design engineer, is on trial for the kidnapping and murder of 7-year-old Danielle van Dam.
Lawson told jurors that he examined copies of hard drives, zip disks and compact disks made by police and took numerous screen captures -- essentially photographs of what came up on the computer monitor at a given time.
Defense attorney Steven Feldman asked Lawson if there was a theme to the animations.
"A considerable number of the screen prints showed bondage -- where women were tied in ropes," Lawson said.
A screen print of an e-mail to a DNWesthotmail.com, as quoted by Lawson, said: "Thanks for joining anime.com."
Lawson also confirmed screen prints the defense entered into evidence last week, that a computer in the office of Westerfield's house was used to access pornography on Feb. 4 at 4:47 p.m., when the defendant was busy with detectives.
Feldman mentioned last week's suggestion that the clock on the computer may have been doctored.
"Did you see any evidence that that happened on any of the computers you examined?" Feldman asked.
"No, I did not," Lawson answered. He said there's usually signs when a clock has been tampered with, such as files being accessed before they were created. Nothing like that was apparent on Westerfield's computers, he said.
Tuesday, San Diego police Detective Johnny Keene testified that he collected Westerfield from his Sabre Springs home that Monday around 3:40 p.m. and took him to the Northeastern substation in Rancho Penasquitos. The defendant remained there until approximately 11:30 p.m.
In this case if DW somehow abducted Danielle from her house he could have used the SUV disposed of the body in an area where she would never been found and returned home before the LE were even called on Sat. morning. No one would have been the wiser. That depends on the time he took her of course. But that time line is very narrow.
26 A. WELL, WE FIRST -- WE WALKED IN TO SAY HI, AND DAVID WESTERFIELD WAS AT THE BAR WITH THEM AT THE TIME AND BRENDA INTRODUCED US TO HIM, AND I THINK HE HAD SOME FRIENDS WITH HIM, AND AFTER THAT WE JUST WENT TO OUR OWN SPOT AT THE BAR AND ORDERED DRINKS
Q. HAD YOU EVER SEEN HIM BEFORE THAT EVENING?
A. NO.
Q. WHAT WAS THE DEFENDANT DOING INSIDE THE BAR?
A. I THINK HE WAS DRINKING AT THE BAR.
Q. WITH ANYBODY OR --
16 A. I'M NOT REALLY SURE. THERE WAS A LOT OF PEOPLE AROUND THAT AREA AND, OTHER THAN BRENDA AND THE TWO GIRLS, I'M NOT REALLY SURE WHO HE WAS WITH OR WHO HE WASN'T WITH.
(cut)
Q: DO YOU KNOW IF THE DEFENDANT WAS STILL AROUND AT THAT POINT?
A: I DIDN'T NOTICE HIM.
Q: WHY NOT?
A: YOU KNOW, I JUST -- YOU KNOW, I SAW HIM WHEN WE GOT THERE, AND THEN I DIDN'T REALLY NOTICE HIM FOR THE REST OF THE NIGHT. I DIDN'T SEE HIM THERE AT ALL.
Q: DID YOU SPEAK WITH HIM AT ALL AFTER THAT INITIAL CONTACT WITH HIM?
A: NO.
So, either Brenda was lying in her testimony about DW saying that Brady told him that they knew what he was "all about." Or DW lied to Brenda that night. I also found it interesting that he said he had never seen DW before that night, when he had said that he was complaining about his motorhome. He had only seen DW motorhome, and not DW himself? I'm sure it's not important... Just another brick in the wall of quandries inconsistencies.
Barbara the lesbo tried to rape danielle, mistaking her from damon or something, suffocated her and the parents helped cover it up
Incest by dad and mom didn't know it
Danielle was shared with swinger friends
danielle was molested ...and clearly had budding breasts which could be an indicator of molestation.
The date fell on an occult date--maybe she was sacrificed
Danielle's necklace is like a bondage necklace..these parents are sick.
Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way. She was caught by the mom who was so angry.. they had their way..killed and dumped danielle and now mom and dad are basking in the limelight.
Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way..dw saw her on the street, snatched her and had his way with her
The son did it and the dad is covering up
All of the major players are involved in swinging and know each other very very well. When things got too out of hand, danielle died.so they set up a neighbor and planted child porn in his office.
That's all that needs to be said. imo, I think it would be a big mistake for Dusek to call Neal to testify The jury could very well see Neal as a victim of situation... his father is being tried for murder. Even though he is 18 years old- (to me that's young) that is still his father and I think the jury would feel for him. There are all kinds of victims here. The prosecutor doesn't know how the questioning would go. Let's say the prosecutor badgers and badgers Neal until he finally admits all of the porn is his? You'll have the jury feel sorry for him and some people screaming, "He's taking the rap for his father!!"
If Feldman had Neal take the stand, I think it would make DW also look bad. If I were on trial for murder I would want my kid as far away from that court room as possible. Putting Neal in the media's spot light to admit he downloaded porn would make DW look selfish. Imagine the teasing he would get going back to school! I'm sure he's already feeling pretty darn stupid knowing he's the topic of threads on CourtTV.com all because he downloaded porn.
But unlike the tar-feather mob in SD on this case, in those murders reasonable people realized that just did not have enough to make a case, and in those places the jury or the judge would have knocked it down for good cause.
In SD there is a big game, and the rules have been bent.
"Reasonable Doubt" has taken on a new meaning -- the defendant is guilty enough in a persons opinion, these folks are perfectly ok with deep feelings that the defendant is guilty.
"Reansoable doubt" has been replaced by Hildy's maxim "He's guilty as Hell!".
Stop the trial. Let every San Diegian go now to the jail, and remove by force of the mob, this horrible miscreant, this clearly, irredeemably guilty man. Take him and hang him, cut him down barely sentient, burn him till his screams grow weak, and then chop him up. Give every Cort TV reporter, every SD newsman, every San Diegian police officer and court room denizen a piece of the vile Mr. Westerfield permanently encased in lucite as a memoriam to Justice in San Diego.
The sad fact of the matter is, that even if DW were acquited, he will be labeled for life. Maybe it's a good thing he kept his beard on...
sw
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.