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.

[John Jamieson]

Somebody found real estate records of Barabara and EX exchanging deeds on Ramona house last year. Some where in FR records. I have to leave for 4th activities.... Commodores in Dallas.

[demsux]

I'm leaving too...going swimming, q'ing, shooting fireworks for the rest of the day...leaving for charleston, sc first thing tomorrow morning.

I'm hoping for high speed access on vacation...see ya

[dread78645]

So glad you think he's innocent before the end of the trial!!

Just to interject here ...

The prosecution rests. They have already shot their cannon. They can't do it again.

Everything from here on out will undercut and mitigate the DA's case.

[pyx]

If he was home and did the deed as late as 12:30 he had time to go to Dehesa and come back.

I don't think this fits the scenario because I believe the insect expert will testify for the defense that Danielle's body was first exposed to insects much later than February 2, 2002.

An speculated scenario might have Danielle's body stored somewhere temporarily for several days or weeks and then dumped at Dehesa later on so it would be found.

Speaking of which; What was the position of the body under the tree ? Was it propped up against the tree as though Danielle were sitting there, waiting expectantly ? Was the body carefully laid on its back as though placed in a sleeping position with her hands folded on her chest ? Was the body found sprawled as though it had been flung ? These questions are not answered that I can recall from testimony I read.

Danielle's body being found nude and her pajamas and underpants being found in her bedroom seem to tell me that Danielle was taken from her bedroom or home completely naked, inspite of her parents insistance she was wearing something. I really find it impossible to believe that a naked young girl being brought out into the cold night air would not complain. From that, I would guess that Danielle was definately not sleepwalking and was either unconscious when she left the house or dead.

Aside from the DNA found within Danielle's bedclothing not matching DW; A drunken 50 year old who does not appear to be in the best of physical condition, who has absolutely no past history of violence or pedophilia, does not know the layout of the Van Dam house, who leaves absolutely no trace of his presence including a failure by tracking dogs to pick up his scent within the Van Dam house, carrying a dead or unconscious body down a (curving ?) staircase in the middle of the night without steadying himself or making a sound would seem to exclude David Westerfield.

Another thing that bothers me is the blood evidence found within the motorhome. One single drop of blood ONE QUARTER INCH ROUND.

That's pretty small -- about half the width of the fingernail on my small finger. That's very small !

Take a piece of paper and mark a red dot one quarter inch round and place it in a room near a wall and walk around the room trying to see this dot. The blood on the lapel of DW's jacket is also troubling. A one and three sixteenths inch LONG stain seems to indicate a SMEAR. There is no other dimension given, ie. WIDTH. In otherwords, the blood on the lapel was only a drop and might have been BRUSHED to cause it to have that length. The cutout of the bloodstain on the green jacket on the LEFT could have easily been a single drop smudged to form its dimensions. But no detailed discussion is available, that I can recall. Again, there appear to be perfectly innocent explanations for the TWO DROPS of blood being present. If Danielle were playing around the motorhome on a previous ocassion, then even a sneeze could very easily deposit a drop of plegmn covered blood in the motorhome. How old was this quarter inch drop of blood ? Why didn't the tracking dogs pick up scent from this drop of blood when they were in the motorhome or was it that this quarter inch drop of blood was so old, that its scent was essentially absent ?

And the green jacket could have been draped over a chair when Danielle and her mother and brothers went over to DW's home to sell cookies. A bored young girl waiting for her mother to finish yacking with a neighbor, picking at scabs or whatever (not impossible to imagine) could easily produce a drop of blood and smudge it on a jacket. Again, there are completely innocent and plausible explanations for the blood evidence. But these again are total speculations and it will be up to the defense to offer such explanations or others in a convincing manner to the jury.

[Freedom2specul8]

Everything from here on out will undercut and mitigate the DA's case

That depends on how good the cross-exams are, how good the rebuttle witnesses are..and the closing arguments... They can demolish the testimonies of defense witness, make the facts clear if the defense gets the facts muddied with confusion...and more. So I would wait until it's all over, and the jury is deliberating..

[Freedom2specul8]

Have a beautiful day dems! I'm sitting for a bite to eat while everyone plays and gets ready for tonight.

[pyx]

IIRC, Ballard is Barb Easton's former last name!!!

Me thinks that this may be her ex-husband...would certainly explain the kit gloves for Barb and her friends.

WOW ! Great snag ! BTTT !

[Freedom2specul8]

"These folks were at crusing altitude, feeling no pain. "

yeah, it's pathetic ...but it's possible DW was feelin no pain either! Depending on who you believe...

[is_is]

You SHOULD email/phone the defense....if the guys innocent he needs HELP!!! They might miss it.....

[NatureGirl]

Red Bull - all the caffeine of 1 cup of coffee with 7 teaspoons of sugar! Yum!

[Freedom2specul8]

Don't tell jaded about the caffeine! YIKES!

[Rheo]

Good post.

Change the 1 3/16" of blood on lapel to right shoulder...the lapel blood was DW's.

She was on her back under the tree, arms out to the side, head turned to one side as they could not see the other earring at them time.

[Rheo]

The info was sent to Feldman by someone.

[shezza]

Swingin' Sabre Springs Style

Now playing
Friday Night Double Feature!

Romancing the Stoned
and
Jewels of the Vile

see listings or Brenda for showtimes

[Rheo]

The cutout of the bloodstain on the green jacket on the LEFT could have easily been a single drop smudged to form its dimensions

If you are referring to the picture of the jacket and the 2 cutouts, the one on the left was cut out to obtain a known sample..not a blood stain.

[shezza]

She was on her back under the tree, arms out to the side, head turned to one side

IIRC, didn't the searcher say he saw a white female child with teeth that looked like the girl in the picture? Yet her body was black from decomposition, so much so that the LE thought she had been burned...and her front teeth had been dislodged. What's up with that?

[Rheo]

That is another odd thing....one report from the person who found her said he knew it was her because of the gap in the teeth like the flyers.

how could the gap in her teeth have been seen if her front teeth were gone?

[Rheo]

Why didn't the tracking dogs pick up scent from this drop of blood when they were in the motorhome or was it that this quarter inch drop of blood was so old, that its scent was essentially absent ?

That is a most excellent question!

[pyx]

Change the 1 3/16" of blood on lapel to right shoulder...the lapel blood was DW's.

Thanks. :) I was imagining the photo of the green jacket and for some reason saw the shoulder but typed lapel.

She was on her back under the tree, arms out to the side, head turned to one side as they could not see the other earring at them time.

So it would seem she was uncerimoniously "dumped". Again, thank you. :)

[dread78645]

make the facts clear if the defense gets the facts muddied with confusion.

The muddling of fact seems to have come from the prosecution, why did the DA's computer guy slide on the date and times of the files ?
and what about the story of Brenda in the shower, no-wait Brenda and Danielle gave Babs & Denise a "boo" from behind the car (it really scared them) ?.
or the 5 party-hearty gang showing up at your house to eat leftover pizza, then leave after twenty or thirty minutes ?

The whole case smells.

So I would wait until it's all over, and the jury is deliberating..

Well, that's always good advice.

Feldman has pretty much defused the anger over the child porn; he can now paint the scene in favor of DW without the prejudice.

On cross-exam, the lawyer is limited to testimony given by that witness, they can't introduce new facts or questions not already given.
Feldman didn't get his JD from a Cracker-Jack box, he won't give Dusek or Clark the room to go out fishing for damage control.

With the weak case presented so far --I'll bet Feldman has another notch on his belt.