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.

[luckystarmom]

This is the first I had heard about the son. I was wondering if the son could have done this. Hmmmmm.

[Ditter]

He became a suspect because his house was clean & he was going to buy bleach? That sounds pretty weak. Was his house usually a mess? Doesn't everyone have bleach in their house?

[small_l_libertarian]

Well, I'm glad to know I'm at least not completely nuts. :-)

[UCANSEE2]

I agree that PFingst screwed up big time.

Even if DW is guilty, he could get away with it.

If they get a mistrial/hung jury, I am not so sure they can win.

I think that it is possible police may decide to explore/develop the leads they ignored, and may get somewhere with them. If that leads back to DW, so be it.

If it leads somewhere else, that will be interesting.

My hope is that the results of this total fiasco will be that eventually they find out who really did this.

[Politicalmom]

HEY!!!!

[Rheo]

The computer forensics expert hired by the defense in the murder trial of David Westerfield never examined the original data files prosecutors are using to charge the defendant with possession of child pornography, the expert acknowledged under cross-examination on Wednesday afternoon.

He was not allowed to access the original files at the place stored, has never been able to.

He will not take those original files to his office without a court order so he or anyone in his office can ever be charged w/violating Federal laws.

He told the prosecution that the CD's/zips needed to be downloaded on the harddrive w/the forensic software or times, dates and info could be altered....they did not......item #142 was the report from the witness...states is #158.....the states had incomplete info with which they tried to discredit the witness.

Witness testified that in his experience with computer child pornography, the vast majority of Teen websites are woman over 18 pretending to be teens.

Brief rundown of todays testimony....transcripts should be out in couple of days to crosscheck and verify.

[Rheo]

We don't know why he really became a suspect on day 1 or 2...this is what the detectives have stated in testimony that caused them red flags.

[Karson]

What was the point of the detective (?) who testified today and wasn't allowed on camera?

[UCANSEE2]

What have we learned today? (revised)

(1)DW left the bar just before midnight (if you accept Glennie's testimony)

(2)Brenda did invite STRANGERS back to her house for a 'party', not once, not twice, but three times.

(3)Some of the regular porn was downloaded /viewed by DW, most of the porn, especially the teen and other extreme porn was most likely downloaded/viewed by his son.

(4)Brenda tells total stranger (Glennie Nasland) that she goes to GAY BARS in San Francisco (while apparently trying to pick Glennie up)

(5)"DW was dancing with Denise then turned and danced with BVD for a couple of seconds then turned back to dance with Denise who was rubbing all over him". So DW is did not lie when he said he danced with Brenda. Brenda either lied,didn't remember, or chose to remember differently what happened

(6) The Prosecution fraudulently mis-respresented the porn evidence against DW, and attempted to use an early provocative presentation of that fraudulently represented evidence to sway the verdict by overwhleming the jury's emotions.

[NatureGirl]

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.

BZZZ! Wrong-o! When Feldman showed Watkins the two date-stamped screen captures of Internet sites visited (from the Internet Temp file), they were viewed at approx. 4:00 pm on the 4th. Feldman hammered away at that particular time because DW wasn't at home. Two of the websites that were viewed in that timeframe were "Teen Dreams" and "Lesbian Bordello".

There's one "error" (Imagine - an error in a newspaper! Who woulda thunk it?)

11 Q. DIRECTING YOUR ATTENTION TO 142B, AGAIN WE SEE AN12 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'S16 REFLECTED?17 A. YES, I CAN. IT'S 001 BACK SLASH C BACK SLASH18 WINDOWS BACK SLASH TEMPORARY INTERNET FILES BACK SLASH CONTENT19 PERIOD IE5 BACK SLASH G5ENGXQB BACK SLASH LESBIAN, AND THEN BO,20 I CAN'T READ THE REST OF IT.

Here's the link, if you want to read the actual transcript. It's a little more than halfway down the page.

[UCANSEE2]

We don't know why he really became a suspect on day 1 or 2...this is what the detectives have stated in testimony that caused them red flags.

We have the information from police that BRENDA pointed them at DW in a statement she made to police. They then embellished that statememt and used it to obtain a search warrant for DW's house and possessions.

We don't know for sure (although someone here may) the timing on this exactly. I.E. Were they aiming at DW before Brenda's statement?

[NatureGirl]

San Diego police had not used EnCase in their analysis.

Well, the San Diego Police may not have used Encase, but Watkins the computer guy did:

28 Q. ARE YOU FAMILIAR WITH A PROGRAM CALLED ENCASE?63421 A. YES, SIR, I AM.2 Q. WHAT IS IT?3 A. IT'S A FORENSIC UTILITY THAT ALLOWS US TO LOOK AT4 THE CONTENTS OF A COMPUTER HARD DRIVE AND DO OUR ANALYSIS.5 Q. DID YOU USE ENCASE IN THIS CASE?6 A. YES, SIR, I DID.

This is from the same transcript that I cited in my last post to you.

[John Jamieson]

Car paint doesn't come off under finger nails.

[Valpal1]

We have the information from police that BRENDA pointed them at DW in a statement she made to police. They then embellished that statememt and used it to obtain a search warrant for DW's house and possessions.

Actually this is only what the defense claims in a motion that was DENIED! We don't actually know if it is a true or fair representation of the warrant affadavits because those are still sealed.

Taking the statement of defense in a DENIED motion as gospel is not a balanced approach. IMO

[Rheo]

He was really, really ugly!

I don't know...maybe he does undercover work too or something...didn't make sense to me (what's new, you say)

[NatureGirl]

maybe he does undercover work

That was my guess.

[Rheo]

I've seen reference made to that statement by BVD to police but have never seen it....any idea where I go to find it?

[Karson]

Good guess. Was Brenda in the courtroom this afternoon or did they make her leave during the 'Dad's testimony'?

[Rheo]

Thank you!....does it say about using it on the CD's/Zips before they downloaded to the HD's?...(thought that was done by another company RTCF or something)

[RnMomof7]

When LEO went to DW's house the weekend he was gone 2/2 or 2/3...his hose was not rolled up but laying in the grass..Parga peeked in a window and saw the house was clean..this was their first red flag that he could be the perp.

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.

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None of us are safe