Replies

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."

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"

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.