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.

[MizSterious]

Oh, and we can trust the prosecution? You mean the ones who "leaked" that there was so much bleach in the motor home the dogs ran off and puked? You mean the ones who said the scratches on his arms came from Danielle, and they'd prove it? You mean the ones who said there were 68,000 porn images on his hard drive and cd's? You mean...never mind. I forgot. Only the defense is "devious."

[dread78645]

an effort to fill in the blanks or figure out what happened cuz they don't believe the prosecutions allegations..

Thanks, and i'll give a nod to the wild guesses.
I don't doubt Danielle was murdered --I do have a reasonable doubt that Dave Westerfield did it.

Where is the case against Dave Westerfield ?

[John Jamieson]

The disk drives were copied onto new hard drives, the next day? So from then on, the copies were used and orginal should have remained the same. I'll bet that the sneaky cop software puts a date back like it was after it accesses a file. They're actually quite easy to change with the right software. Norton Utilities can do it.

[John Jamieson]

I think Westerfield told them they could have the run of the house. Very foolish of him, but the mark of man who thought he had nothing to hide.

[hoosiermama]

Where is the case against Dave Westerfield ?

Looks like they've shot holes in the motive....Let's see what they do with the "evidence"?

How could the blood have gotten on his jacket. Let's see..hhhmmmmmmmm......If he hadn't worn the jacket....left it somewhere....Kept it in the closet of the MH for years......Very old stain???????????

[Jaded]

Several people are on both lists. Faulkner, the bug guy, for example is on both lists.

[Karson]

David Westerfield, a friend of the van Dam family who lives a few doors down, said his house was one of the first police dogs searched.

"Police asked me if the dogs could check out my house and I agreed, of course," Westerfield said.

Two sheriff's dogs went in and found nothing." Feb 5, 2002

[John Jamieson]

I even have doubt that she was murdered, atleast "beyond a reasonable doubt". No cause of death has been established. Still could have been an accident by the swingers club with a clearly illegal coverup. Missing left foot (and maybe more of left leg) might fit with car accident?

[Jaded]

Sorry, multi-tasking and eating ice cream.

[Jaded]

Dusek also led the jury to believe that he would explain how this crime happened in his opening. He didn't.

[Freedom2specul8]

EXCERPT FROM DUSEK'S OPENING:
"...they also found the evidence that indicates why he took her. he had pictures that he had downloaded, taken off the internet and organized, systemized, and labeled. not only of naked young girls, many of them nude, standing in sexual poses, obviously under eighteen, he had young girls actively involved in a sex act that he had preserved. he had animations, drawings, if you will, of little girls in pigtails, dressed like little girls, being attacked by males, orally, digitally, anally, and vaginally. he also had videos that he had downloaded and preserved, some of which you will see, four or five. some of them have sound. and you will hear what is going on. and you will see what is going on on those videos. and what you will see is basically adult males sexually assaulting a young female."

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http://video.uniontrib.com/news/metro/danielle/transcripts/20020604-9999-pm2.html

EXCERPTS FROM FELDMAN'S OPENING

snip
THEY HAD SEIZED HIS COMPUTERS. YOU SAW A COUPLE OF PICTURES OF NAKED GIRLS.

Snip

IN EACH OF THOSE PICTURES, NOT THE SIX SMALL

16 CHILDREN THAT YOU WERE SHOWN ON DIRECT, THEY'RE THERE, NO ISSUE.

17 BUT THE 1700 OR 1800 OTHER PHOTOS IN ANOTHER NOTEBOOK, AND A

18 NUMBER OF MPEGS, OKAY. WHAT MR. DUSEK REFERRED TO IS WHAT HE

19 CALLED "MEN FORCING THEMSELVES ON YOUNG GIRLS," OKAY,

(my notes:This is admitting they will see them..that's why he's attempting to show that dw did not download them)

20 AN ADULT WOMAN SIMULATING A RAPE, BUT YOU'RE GONNA SEE

21 CONSENSUAL SEXUAL INTERCOURSE. THAT'S WHY WE TALKED TO YOU

22 ABOUT THIS IN VOIR DIRE IN THESE MPEGS. AND IN EVERY ONE OF

23 THESE MPEGS, AND IN EVERY ONE, VIRTUALLY EVERY SINGLE PHOTO,

24 IT'S ADULT WOMEN. WE DON'T SPECULATE. WE PROVE.

Fledman wasn't able to gloss over the videos..
http://video.uniontrib.com/news/metro/danielle/20020626-9999_1n26wester.html
"At least two jurors cried yesterday after prosecutors in the David Westerfield trial showed pictures of nude young girls, including movies of what looked like girls screaming while being sexually assaulted. "

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

No denial, correction or stipulation that the movies were animated, fake or not real children.

He was able to address this issue RIGHT AFTER the movie was shown and he couldn't.

Comments about fingerprints..
"19 Q. AND NO EFFORT WAS MADE TO PRESERVE THE EVIDENCE,20 FOR INSTANCE, FOR FINGERPRINT PURPOSES, CORRECT?21 A. WE WERE HANDLING THEM BY THE EDGES.22 Q. FOR HOW LONG DID YOU HANDLE 'EM BY THE EDGES, SIR?23 A. FOR THE -- WE ONLY HAVE TO HANDLE THEM VERY24 MINIMALLY DURING THE PROCESS, WHICH IS TAKING THEM, PUTTING THEM25 INTO THE C. D. TRAY, VIEWING THEM, TAKING THEM OUT AND THEN"

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THEN FELDMAN GETS IN TROUBLE for trying to make the jury think there was only 13 child porn pics

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

14 THE COURT: YOU'VE REPRESENTED TO THIS JURY, MR. FELDMAN,15 THAT OUT OF A HUNDRED THOUSAND IMAGES THERE ARE ONLY 13 THAT ARE16 SUCH THAT THE DISTRICT ATTORNEY CAN FIND AGAINST YOUR CLIENT.17 YOU KNOW, I KNOW, THAT IS NOT TRUE.19 THE COURT: THE OBJECTIONS THAT HAVE BEEN RAISED, THE20 OBJECTIONS THAT WERE RAISED BY THE PEOPLE IN HERE ARE THE BEST21 EVIDENCE RULE. I DEFERRED THOSE SPECIFICALLY BECAUSE OF THE22 FACT THAT WE HAVE DONE EVERYTHING HUMANLY POSSIBLE TO STRUCTURE23 THIS PARTICULAR ISSUE OUT OF THE PRESENCE OF THE MEDIA AND THE24 PUBLIC. OVER YOUR OBJECTION I MADE FINDINGS THAT THIS IS25 RELEVANT MATERIAL. I REALIZE YOU DISAGREE WITH THAT.26 BASED ON THAT I ASKED THE DISTRICT ATTORNEY TO PARE27 IT DOWN SO WE CAN SEE THE IMAGES THEY WANTED TO USE IN TRIAL28 APART FROM ALL OF THE IMAGES THEY COULD HAVE USED. THEY DID63571 THAT. WE HAD A HEARING. YOU ARGUED. I PARED IT DOWN. I DID2 THAT UNDER 352 TO MINIMIZE YOUR CLIENT'S EXPOSURE, TO MINIMIZE3 THE PREJUDICIAL IMPACT AND ALLOW THE PEOPLE TO PUT ON THEIR4 CASE.5 AND THE VERY FIRST THING YOU DO ON6 CROSS-EXAMINATION IS SAY HOW MANY IMAGES WERE THERE. A HUNDRED7 THOUSAND. AND WE GET DOWN TO 13. NOW, THIS IS A SEARCH FOR THE8 TRUTH, BELIEVE IT OR NOT, AND THE TRUTH IS THERE ARE MORE THAN9 13 IMAGES.10 NOW, YOU TELL ME, MR. FELDMAN, WHY YOU HAVE NOT11 OPENED THE DOOR TO EVERY SINGLE IMAGE THAT IS ON EVERY DISK THAT12 WAS CONFISCATED FROM THAT HOUSE. I'D BE VERY INTERESTED IN13 HEARING IT.

SNIP

21 MR. CLARKE: I THINK, AS THE COURT NOTED, I'M AT A LOSS22 FOR WHY WE EVEN HELD A HEARING AT THIS POINT BASED ON THE23 DEFENDANT'S OBJECTION. I THINK AT THIS POINT THE JURY HAS24 CLEARLY BEEN MISLED AS A RESULT OF CROSS-EXAMINATION AND AT THIS25 POINT, AS THE COURT KNOWS, WE HAVE HUNDREDS AND HUNDREDS OF26 PORNOGRAPHIC PHOTOS, AND I THINK THE JURY IS NOW IN A POSITION27 THAT IT NEEDS TO HEAR THAT DUE TO THEIR BEING MISLED DURING28 CROSS-EXAMINATION.

[dread78645]

I even have doubt that she was murdered, atleast "beyond a reasonable doubt". No cause of death has been established.

I uderstand. But 7 year old kid, who should be in abed sleeping -shows up 5 miles away --dead. That is some bad intent. What I think is silly is that the law thinks a neighbor two doors down committed the crime.
And whiffs the parents.

[Freedom2specul8]

I'm mult-tasking too..and got snagged up on feldman's opening.. It was worded poorly...

[Donzerly lights]

OR "We should have made sure the house was locked and double-checked the kids before we went to bed"...They should have said something along the lines of taking some responsibility for their daughters disappearance

SOME responsibility? Had I spent the last night of my daughter's life the way BVD did, I would be consumed by the 'shouldas'. Or in this case the shouldn't haves. This is the basis for my anger and lack of compassion toward the VD's. The 'lifestyle' they led made them negligent, immoral, appalling idiots. The fact that they haven't denounced it, makes them dangerous parents.

Because they have declared that their 'lifestyle' had NOTHING to do with Danielle's disappearance, we can only assume that they plan to continue keeping an unfit home. Their remaining children should be removed from that home. THEN, MAYBE, they would get it. JUST losing their daughter, evidently wasn't enough.

[Freedom2specul8]

WRT: your #1107, 10-4

[Freedom2specul8]

WRT:1106, that's the impression I had from day one..but got corn...fused with the speculation that neal may have been on it.

[Freedom2specul8]

The excerpts I posted are not news reports except the the jury's reaction. If you don't think that's true, neither you nor I can possible know if it is or not. It doesn't matter really. The bottom line is the defense can't deny, so they are pointing to the son...it appears. As far as the bleach etc being leaked..is that true ..did the news reports or reporters say prosecutors or unnamed sources in the prosecutor's office released that info?

[Jaded]

At least people stayed awake for it.

[Freedom2specul8]

LOL i'm sure ol feldie had some sleepers too. I Have to grab a bite to eat... and rest my weary eyes.

[NatureGirl]

Okay, so if the hard drive images were done before 4 pm on the 4th, then what the software would find for that Temp file would be a "last access" time prior to 4 pm on the 4th. Whatever it was - pick a date/time.

But, Watkins testified that he arrived at DW's after midnight, meaning he was actually there on the 5th. That's when he made the images of the HDs.

Since the times can no longer be changed on the images, there is still a "last access" at 4:47 pm 04/02 for one of the files. Who accessed that file at that time? Neal? Some cop who was wandering through DW's computer? Unless someone opened "Properties" on that file at 4:47, and changed the date/time by doing so, someone actually had to go to the website, which would have reset the time on the file - or actually added that file to the Temp folder.