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.
Nope, not sure, that is why I deferred to you. I kept losing the feed during that part, so I said that that was my impression. If you heard otherwise, I am sure you are correct.
Actually, I'm starting to suspect that one can meet much nicer people in bars than on message boards on the internet. In some cases, probably more intelligent, too--even when falling down drunk.
Same to you. Post to me all you want. I deferred to what you said, because I wasn't sure. They were talking about porn sites and passwords, and how it was DW's last-4 SSN's that were used, and I didn't get to hear all the details as the feed kept coming and going all afternoon.
I am sure you have better info than I got. I was just trying to help Valpal1. DIdn't help to well , did I ?
Here is what I remember. You tell me if I am wrong.
DW had just broken up with a girlfriend. Thus the recent trips to the bar.
That Friday, he was drinking RUM and COKE as usual. He can handle that. Someone had been given a shot and didn't want it, so the waitress gave it to DW. He isn't used to them. He did it anyway. It hit him quickly, and that is likely the reason he left.
He had gotten a previous DUI. You don't have to be DRUNK, or OUT OF CONTROL to be pulled over and given a DUI. If, in the officer's opinion, your ability to operate a motor vehicle is in any way impaired (i.e. a judgment call, usually based on the departments need for income, and whether the officer personally knows you or you are female), you can be given a DUI. Doesn't matter whether you get a breath test and it proves you are over the limit or not.
So, what you said was totally unsubtantiated.
But,but,but, that might have been the SS No. of someone who has the worst credit report there is and I wouldn't get insurance then.
Like I said this made me real upset. We hear be careful with our SS No. because people can use it and ruin our life.
When DW returned home on 2/4...Keene and Parga walked thru his house with him...on the counter was a shopping list w/bleach, pepsi, dryer sheets, rum....this was their second red flag that he was the perp....bleach was supposedly to clean up the murder mess and trace.
Marcus Lawson, the expert, had testified this morning that some of the pornography could have been accessed by the defendant's son via a Hotmail e-mail account.
But under cross-examination this afternoon, prosecutor George "Woody" Clarke hammered away at Lawson's conclusion that somone other than Westerfield was responsible for some of the pornography. Lawson even acknowledged other investigations in which computer users had created and used a variety of different e-mail accounts.
In addition, Clarke elicited testimony that showed someone used a similar e-mail moniker and the last four digits of the defendant's Social Security number to create an account on the free data storage Web site Free Drive.
Further, the expert admitted that he never possessed the original files under investigation in the case, examining instead the versions on data storage drives created by the defense in San Diego. Lawson said that he made it a practice never to possess the material in his office.
"I don't want to get anyone in my office in trouble for a technical violation of federal law," he said.
Under Clarke's questioning, it was revealed that someone used an account name of "DNWest1" to join Free Drive, and used a password 5203, which testimony revealed are the last four digits in Westerfield's Social Security number.
Clarke's cross-examination also revealed:
Earlier, Lawson had testified that some pornographic web sites had been accessed during a period of time during the afternoon of Monday, Feb. 4, when Westerfield was being questioned by an interrogation specialist. Clarke, however, produced a list of web sites copied from the office computer during a time frame that ranged from 3:50 p.m. to 8:29 p.m.
While numerous web sites were accessed during that time frame, according to Clarke's document -- including SignOnSanDiego.com, the web site for The San Diego Union-Tribune -- none of the sites were pornographic.
"I didn't create the document, so I don't know," Lawson said. But he never disputed its validity.
Cherokee Youngs described the trio as "partying and having a good time" that night at Dad's in Poway.
"When I first saw her she tried to grab my hands and dance with me," Youngs said of Easton. Later in the evening, she was approached by Brenda van Dam, Youngs said.
"Brenda approached me along with Barbara when I was with my friend, Ryan." Youngs said. "She asked Barbara who these two people were and Barbara didn't know our names. We were just kind of walking away and she said, 'Are you together?' I said 'Yes' and Brenda made a comment that 'I'd like to take these two people home. I wouldn't mind taking them home.' "
Brenda repeated the request at least once, she testified, and Youngs says she declined. Youngs testified she made quick friends with her male companion, Ryan, though she had just met him that night because of the repeated propositions. "I said you are now my official boyfriend for the evening to try and keep her from being attracted to me, I guess."
Under cross-examination from prosecutor Jeff Dusek, Youngs testified she had been drinking -- at least two cocktails at Dad's and half a bottle of wine at dinner -- though she was the designated driver for the evening.
She never saw the defendant, David Westerfield, at Dad's, Youngs testified. She also admitted following some of the trial coverage on television.
A detailed analysis of the files on Westerfield's computers showed that someone accessed images on explicit sex Web sites such as "Teen Dreamer" and "Lesbian Bordello" at about the same time someone was retrieving e-mail from David Neil Westerfield's Hotmail account.
Marcus Lawson, the private computer forensics expert hired by Westerfield's defense attorney, showed the jury print-outs of what he saw using the EnCase analysis program.
"A considerable number of these screen prints involve bondage scenarios with women in ropes or like that," Lawson said at one point.
In a cross-examination interrupted by the noon lunch break, prosecutor Woody Clarke questioned the thoroughness of Lawson's analysis and suggested David Westerfield could have given one of his computers to his son as a hand-me-down.
Westerfield is accused of sneaking into the van Dams' Sabre Springs house on Feb. 2 and abducting 7-year-old Danielle, then killing her and dumping her body off rural Dehesa Road near El Cajon.
Today was the 16th day of testimony in the case and the 18th overall day of court activity since the trial began on June 4.
A police expert testified last week that about 85 of an estimated 8,000 to 10,000 sexually explicit images found on computers and storage disks in Westerfield's possession appeared to depict underage girls.
Westerfield also is charged with possession of child pornography and prosecutors have suggested that his possession of "questionable" images of bondage and rape show his motivation for kidnapping Danielle.
Lawson said he used a computer forensics program called EnCase to sift through deleted files, temporary Internet files and other data. San Diego police had not used EnCase in their analysis.
The computer files showed that David Neil Westerfield, known as Neil Westerfield, had used a Hotmail account with the address of DNWest@hotmail.com as his return address in correspondence, Lawson said.
Neil Westerfield's age has not been disclosed at the trial.
So when someone was logging on to Hotmail.com to check or send e-mail through that account, it was most likely Neil Westerfield, Lawson said. And that suggests it was probably Neil Westerfield using the computer when Web sites were accessed at or near the time his e-mail account was accessed.
There were no signs that the computer's clock had been reset or changed to alter the reported times that files had been created or altered, Lawson said.
Neil Westerfield's e-mail account and some of the sexually explicit Web sites were accessed on one of the computers around 4:50 p.m. on Feb. 4 – two days after Danielle's disappearance – while David Westerfield was being interviewed by police interrogation specialist Paul Redden.
Neil Westerfield's e-mail also was checked around the time the computers were used to access Web sites offering "fresh teens," images of bestiality, "extreme Asian bondage," schoolgirls and similar material, Lawson said.
The images on three ZIP disks and two CD-ROMs found stashed behind some books in Westerfield's office appeared to have come from Neil Westerfield's computer because they shared the same last access date, Lawson said.
But under cross-examination by Clarke, Lawson said he couldn't be sure whether or when the files on the ZIP disks and CD-ROMs were downloaded from the Internet.
Lawson said he also had not noticed that file names for many of the porn images began with the letters IEA – just like many of David Westerfield's business files.
Clarke suggested that Westerfield could have been the original user of Neil Westerfield's computer, giving his son an older, slower computer after buying a new one for himself.
"Or the other way around," Lawson replied.
Keith and Rich were hot for Barb and Denise. One of them had been promised a hookup with Barb.
Men don't like other men horning in, believe me.
So, Rich had access to drugs. Ever heard of GMBH, RUFFY'S ??????
I have had friends who had someone put that in their drinks. One woman went to the bathroom,and came out later with her underpants down to her knees and just sat down at the table, completely oblivious.
She had to be put in a car and driven home.
Another barely made it home. He got inside his door and set down on the floor for the next 4 hours.
The woman was spiked because someone wanted to get her in their car and have their way, the guy was spiked, because he was in the way.
Do you really think so? Gosh, if their stupid computer needed digits.. 111-11-1111 would have worked..I would have thought!
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