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.

[JudyB1938]

I realize it might be far fetched, but do you think there is the slightest possibility that there is a connection between Danielle and Elizabeth Smart? They have the same MO.

[pyx]

On cross-exam, the lawyer is limited to testimony given by that witness, they can't introduce new facts or questions not already given.

This is an excellent point.

In fact, it will be interesting to see how many OBJECTIONS/SUSTAINED are done should the Dusek attempt a fishing expedition to expand on that which he has already presented.

[alexandria]

J&K: So he didn't know, you don't? know how he came about Steven Fledman, you think the police gave him Steven Feldman's name, that the police would recommend the foremost criminal defense attorney in San Diego.
CG: I believe, I think that's what he said, that the police had given him this attorneys name and phone number.

I belive this to be another clue to the therory that the SDPD set this guy up. After all he was being cooperative, not hiding things from the media, etc. Then they gave him Feldmen's phone number and suggested that he call him. Why, because they knew Feldmen would take the case and they knew Feldmen would advise him to stop talking to anyone about the case, and they knew that by doing those two things he would look guilty.

[Jaded]

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.

Can you say abandoned pump house? There was one in the area that Damon went to search....

You're right, she was not in the RV that week end, the dogs would have gone nuts.

[Jaded]

Glennie says he was toasted. Which was why she told the police "I'd rather not answer that" because she thought he'd be introuble for driving drunk. He'd already had 1 DUI. So, toasted 50 year old David is gonna SNEAK in to a house? Yep good ole Stealth Ninja Dave

[pyx]

I realize it might be far fetched, but do you think there is the slightest possibility that there is a connection between Danielle and Elizabeth Smart?

Are you asking me if I believe the same person or persons committed both of these crimes ? If so, then no I do not think they are connected in that manner. However, there appear to be a few similarities between the two crimes.

[Jaded]

Caffiene? Did someone say Caffiene? Yes Please.

[winodog]

Or maybe a honest police officer saw DW being railroaded and slipped him Feldmans card.

[Rheo]

Where in this pic was the drag mark(ft wide) and the body? (the pointer is the bushes that were cut back when Savage was evidence collecting)(not sure what the other circle is)

[JudyB1938]

Yes, that is what I was asking. Thanks.

[rolling_stone]

I'd like to know shy the PD didn't check the unknown hair (and anything else) against the guy who was caught in San Bernadino County just 70 miles up the road attempting to abduct a 7 year old from her upstairs bedroom at 3am or so in the morning and dropped his wallet and was caught...

[Valpal1]

The defense needs 12 Not Guily votes. A hung jury/mistrial gives the prosecution a second shot at the brass ring. A retrial, with sufficent time to properly plan and prepare a better prosecution of the evidence.

I think that Pfingst made a huge mistake in charging DW so early in the investigation (probably for political reasons, as so many have pointed out). This put Dusek under huge time pressure to be ready for trial.

There have been many vocal complaints on these threads about the appearance of inadequate investigation. This was caused by an early arrest which moved the process from investigation to trial prep.

Pfingst's polictal decision created an enormous burden for Dusek, who is the poor sap that will bear the public onus of failure if DW walks. Maybe this is why Pfingst is unpopular at the office?

All totally unecessary, as Westerfield was never a flight risk, IMO.

[Rheo]

Hadn't heard about that one....any details?

[Valpal1]

Jury verdicts aren't based on public opinion, but on evidence. A retrial gives the prosecution a second chance at a new, improved, better organized presentation of the evidence, after having practiced once and learned from their mistakes.

A mistrial/hung jury gives Duseck that second chance.

I see no advantages to a retrial for the defense. More time won't strengthen their defense, only strengthen their adversary.

That's what I meant when I said Feldman needs all 12 votes, but Dusek needs only one.

[meadsjn]

Are people today so ignorant they will believe anything the media states even when it totally goes against common sense and logic? We have seem this during the last ten years, the "Propaganda Machine" at work...... Tell the masses anything and the sheeple will believe it....This scares me more than anything that there are more and more people who do not process what is called common sense to know BS when they hear it. Do I believe an innocent man could be railroaded? You better believe it.

This is the most important reason that a "high profile" criminal case is everybody's business, regardless how far away, or whether we identify with any of the people involved.

The most scary part of this case, and other publicized cases of recent years, is that our system of justice has been severely damaged by:

• the dumbing-down of the populace (and by extension, the jurors);
• passions enflamed and fed by sensational media;
• double standards applied by investigators, depending on the victim, perpetrators, or situation;
• prosecutors who just want to score a conviction, regardless of guilt or innocence;
• a plethora of agencies and institutions with the common agenda of getting more and more people and money into the system (prisons, jails, therapy, treatment, probation, welfare, AFDC, food stamps, juvenile centers, and hundreds more)
• a common opinion among the statists on the left and the right that it's perfectly acceptable to slaughter, burn, and destroy (economically or physically) anyone, anytime it will further their Orwellian agenda.

[pyx]

I'd like to know shy the PD didn't check the unknown hair (and anything else) against the guy who was caught in San Bernadino County just 70 miles up the road attempting to abduct a 7 year old from her upstairs bedroom at 3am or so in the morning and dropped his wallet and was caught.

What !?!

When was this ? Can you cite a reliable source for this information ? Has this information been verified and posted to other BBS so that perhaps the defense team is aware of it ? Is the SD PD aware of this ?

[rolling_stone]

http://www.nctimes.net/news/20 02/20020306/wwww.html

Seven-year-old girl escapes kidnapper


GRAND TERRACE (AP) ---- A 7-year-old girl kidnapped from her bedroom early Tuesday escaped by jumping from her abductor's car when he stopped to look for his lost wallet, police said.

Police found a wallet in front of the girl's home and waited for the suspect at the San Bernardino address on his driver's license, said Chip Patterson, a spokesman for the San Bernardino County Sheriff's Department.

Police arrested Dennis Martin Castro, 24, when he arrived about three hours after the 3:30 a.m. abduction.

The girl "is unharmed, aside from being frightened," Patterson said.

Her parents told authorities they heard the girl's muffled screams, but she was gone by the time they reached her bedroom in their single-story house.

Castro allegedly drove off with the girl. But investigators believe he stopped about a block away when he realized he had lost his wallet. The girl jumped from the car and ran home to her parents.

The girl's parents told authorities they do not know the suspect, who was expected to be booked on suspicion of kidnapping. Castro had no known history of sex offenses and the motive was not immediately known, Patterson said.

The kidnapping occurred a little more than a month after another 7-year-old, Danielle van Dam, was reported missing Feb. 2. Her body was found last week in an oak grove off a rural road east of the city of El Cajon, and a neighbor has been charged with murder in the case.

[rolling_stone]

Sorry I guess it was a single story house not upstairs..

[Freedom2specul8]

AMORE...If they compare evidence to this new guy (a guy was arrested for trying to kidnap a little 7yr old girl out of her bedroom about 70miles away)..before the vd trial is over...what are the consequences for the prosecution? Copycapt crime?

[Rheo]

Single story or two story...unidentified prints and hair still need to be checked against this.

Guess they already had their guy and this was just a copycat coincidence....or maybe they did check and just didn't report it?