EXPERT LINKS PORN TO WESTERFIELD'S SON!: (Feldman's Message To "The Damon"; Don't Leave Town!)

KNSD NBC ^ | July 3, 2002 | KNBC

[FresnoDA]

Expert Links Porn Images To Westerfield's Son

Defense Hopes To Show Child Porn Wasn't Downloaded By Defendant

 

POSTED: 12:15 p.m. PDT July 3, 2002

UPDATED: 2:55 p.m. PDT July 3, 2002

 

SAN DIEGO -- A computer expert hired by David Westerfield's defense team said that at least some of the pornography seized from his home was downloaded by the defendant's son.

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Marcus Lawson (pictured, right), president of Global CompuSearch of Spokane, Wash., testified Wednesday that he found two photographs of naked women and Japanese "anime" computer animations on the hard drive of a Gateway computer in an upstairs bedroom used by Westerfield's 18-year-old son, David Neal Westerfield. The former Customs Service agent said that a detailed analysis of the files showed the pornography was downloaded at about the same time someone was accessing an email account belonging to the younger Westerfield.

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.

[Spunky]

Want to speculate who it might be? My guess is Brenda van Dam!

I have a question. Can a witness for the prosecution then be made to be a witness for the defense?

[Jaded]

That's what makes me wonder about the Super-X shell casing.

[John Jamieson]

That's why the porno charge has to dropped before this case is sent to the jury. That's going to be a big purtabation. If it's NOT dropped the appeal will be very strong.

[Jaded]

There's probably a running list of thing to appeal on.

[John Jamieson]

Yes, I think several cops have already been called by both sides.

[John Jamieson]

Cops won't use a .22, that's a very common home gun size and even for teenagers here in Texas. Used for hunting for small game.

[Politicalmom]

No, but Feldman reserved the right to recall her at a later time.

[Freedom2specul8]

What else is there besides this--this says nothing was downloaded, it was just ''viewed''.

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

18 Q. I'M ASKING YOU WHETHER OR NOT, IF YOU EXAMINED THE

19 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.

snip

6 Q. SIR, DIRECTING YOUR ATTENTION TO 4:47 P.M. ON7 FEBRUARY THE 4TH, 2002, WERE YOU UTILIZING ANY OF THE COMPUTERS8 IN THE WESTERFIELD HOUSE TO DO ANY SURFING?

9 A. I WAS NOT SUMMONED ON FEBRUARY 4TH -- THAT WOULD BE

10 A MONDAY.

11 Q. YES.12 A. I WAS NOT SUMMONED TO THE SCENE UNTIL 9:00 P.M.

SNIP

8 Q. DIRECTING YOUR ATTENTION TO 142A, THIS APPEARS TO

9 BE A SCREEN CAPTURE THAT INDICATES IT WAS LAST WRITTEN FEBRUARY

10 THE 4TH, 2002 AT 4:47 P.M. DOES IT NOT?

11 A. YES, SIR.

12 Q. AND IT INDICATES THAT APPARENTLY A JPEG WAS13 DOWNLOADED; IS THAT CORRECT?

14 A. IT WAS NOT DOWNLOADED, SIR. IT WAS VIEWED.

15 Q. OKAY.

16 IN OTHER WORDS, THE COMPUTER THAT WAS IN

17 WESTERFIELD'S OFFICE AT 4:47 P.M. ON FEBRUARY THE 4TH, 2002,

18 SOMEBODY VIEWED SOMETHING?

19 A. YES, SIR.

20 MR. CLARKE: OBJECTION, ASSUMES FACTS NOT IN EVIDENCE.

21 THE COURT: SUSTAINED. NO FOUNDATION.

22 MR. CLARKE: MOVE TO STRIKE THE ANSWER.

23 THE COURT: THE JURY'S TO DISREGARD THE LAST ANSWER TO

snip

24 THE LAST QUESTION.

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'S

16 REFLECTED?

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

18 WINDOWS BACK SLASH TEMPORARY INTERNET FILES BACK SLASH CONTENT

[Jaded]

I was married to one, and have known several. It's not entirely uncommon. One engineer I've known for years, you want to tell him to shut up, he overdoes it. Way too much information. They are a slightly different lifeform. Some times cute, like say that little dog in the back of the car with the head that goes up and down and up and down and up and down. Or a beanie baby. Harmless, geekish.

[MizSterious]

You may not realize this, but if you view something on the internet, you also download it. It's on your hard drive.

[Freedom2specul8]

Was he drunk? What if he was't drunk? We just don't know..no alcohol blood test that night. We are for sure being asked to have faith in more than just evidence..

[Freedom2specul8]

JJ,there was REAL illegal child porn that can't be dropped..he had both.

[Jaded]

Oh Kimmie, it's also the last 4 digits of one of the CELL PHONES. See the warrants.

[MizSterious]

Because some news bunny said so? It could easily have been a very good animation. Pyx wrote a nice article on how easy it is to do that. I'll take the expert's word over a newsbunny any time--so far the experts haven't said. I think they would have, too, if it was real. They'd have made a very big deal of it.

[Mrs.O'Strategery]

We are for sure being asked to have faith in more than just evidence..

Just like the prosecutor is asking the public to have faith that this is a sexually motivated crime even though there just isn't the evidence to support that.

We are asked to have faith that DW walked into the Van Dam home and spirited Danielle away with out leaving any evidence of that.

We are to have faith in many things it seems.

[John Jamieson]

It's NOT REAL unless the prosecution can PROVE the child was underage (birth certificate needed!). The burden of proof is on the prosecution, the SCOTUS said (I think that is true in all cases actually).

[Karson]

Laura Schaffroth said her daughter still regularly asks about Danielle, her classmate and friend. Schaffroth said she can't stop thinking about her daughter's blue-eyed playmate.

It's really sad when your friend's mom knows your eye color better than your own mom. Brenda told 911 that Danielle's eye color was green.

[Jaded]

They were out there before the FBI busted them. You think that's the only one? Sheesh, it's the FBI.

[Karson]

"The parents told police that on Friday night, Damon van Dam put Danielle and her two brothers to bed about 10:30 p.m. The boys, 5 and 9 years old, sleep in a separate bedroom, said Liz Brady , a close family friend." February 3, 2002

Rich Brady's wife.

[NatureGirl]

Here's a little tidbit:

Wasn't it Denise Kemal who, on the stand, referred to DW as "creepy"?

I know this was a very common thing with me, in my bar-going years. I'd find some "creepy" guy, and then rub my butt against his nether regions on the dance floor. Just to show him how "creepy" I thought he was! < /sarcasm>