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Defense could pin hopes on insect life..Westerfield Trial Breaking News: BUG EVIDENCE QUESTIONS!!
Union Tribune ^ | July 10, 2002 | Kristen Green

Posted on 07/10/2002 3:17:09 PM PDT by FresnoDA

Defense could pin hopes on insect life


By Kristen Green
STAFF WRITER

June 30, 2002Warble fly: pupa and adult


In the first four weeks of David Westerfield's murder trial, jurors were schooled in scientific evidence such as blood and DNA, fingerprints and fibers. Now they'll get a crash course in the life cycle of flies.

Westerfield's team of lawyers is expected to launch his defense this week, and lead attorney Steven Feldman has hinted that he will use insect biology to prove 7-year-old Danielle van Dam died after police and reporters began tracking his client's every move. That would mean Westerfield couldn't have killed the child.

"This would be very powerful evidence," said San Diego criminal defense lawyer Michael Pancer. "I can't think of what the state would say if this point were pinned."

Using forensic entomology, scientists can estimate when the girl died by determining the age of insects, generally flies, found on her body.

"They generally get to the body before police do, and they lay eggs," said Bernard Greenberg, professor emeritus of biological sciences at the University of Illinois at Chicago.

The prosecution may call the same expert to the witness stand.

Bots in the throat of a caribouBecause of the gag order in the case, no one can provide a timetable for witnesses, clarify facts or discuss strategy.

Feldman has raised the possibility that Danielle may have been killed up to two weeks after her mother reported her missing. Her body was dumped in a brushy rural area in East County.

"You're going to be convinced beyond any doubt that it was impossible, impossible for David Westerfield to have dumped Danielle van Dam in that location," he said on the first day of the trial.


Death's timetable
The jury has heard the prosecution's theory of Danielle's death from Dr. Brian Blackbourne, the county medical examiner. He testified that the girl's body could have been in the weeds along Dehesa Road 10 days to six weeks when it was found Feb. 27.
Forensic entomologists believe they can narrow that window of death, and coroners don't disagree.

Forensic entomology, the use of insects in legal cases, has gotten a boost in mainstream recognition from crime television shows such as CBS' "CSI: Crime Scene Investigation," whose main character frequently uses insects to solve crimes. NBC's "Crossing Jordan" also has an insect expert, nicknamed "Bug," in the cast.

In the real world, the application of forensic entomology to crime investigations has become more common since it was introduced in the United States in the 1970s.

Insect biology has been used in a number of San Diego County cases, including that of Daniel Rodrick, who was convicted in 1997 of killing his wife. An entomologist's testimony helped narrow the time that the victim's body probably was dumped in Pala.

The reason attorneys frequently use entomology is that establishing the time of death is difficult for medical examiners, said San Diego insect expert David Faulkner.

"After 24 to 48 hours, things start to get pretty fuzzy," he said.

A medical examiner relies on three factors to make an assessment, Faulkner said: the amount and distribution of rigor mortis, the change in body temperature and the degree of decomposition. But after several days, rigor mortis dissipates and the corpse assumes the temperature of its environment.

Insects can give more specific information because they have a definitive development period that can be meticulously measured, said Faulkner, who collected insects during Danielle's autopsy and is listed as a potential witness by the prosecution and the defense.

He said his testimony will probably be more useful for the defense, but added the gag order prevents him from discussing his findings outside court.

Faulkner described the collecting of insects from a body as painstaking, similar to the collecting of other scientific evidence.

Generally, he said, forensic entomologists go where a body is found and remove insects from the corpse and areas under and near it. They frequently focus on flies, but also look at other insects, including ants and beetles.

Most of the insects are preserved with alcohol so they can be studied later, Faulkner said. Some of the larvae collected are placed in containers with a piece of liver so they can grow to adulthood, which enables scientists to identify each insect with certainty.

The scientists gather climate data, such as daily temperatures and precipitation measurements, for the time the victim was missing.

Weather is important because a fly's development varies according to conditions. Humidity and daytime highs help forensic entomologists better pinpoint the time flies complete a life cycle.

"The insects will tell you when the body was available to them," Faulkner said.


Fly's life and times
Expert witness Jason Byrd, an associate professor at Virginia Commonwealth University in Richmond, Va., said making insects interesting to the jury is difficult.
Flies have a brief life span in warm weather, as short as 21 days. But they can live six months in colder weather.

They are attracted to the corpse's smell, and either lay eggs or deposit larvae. In about a day the eggs hatch into larvae, or maggots, which live on the dead tissue and develop quickly.

Depending on the species and temperature, eggs reach maturity, or the pre-pupal stage, in five to 12 days. From eggs, maggots feed on and then migrate from the body to form the pupal stage, similar to the cocoon stage of the butterfly.

After it leaves the body, a maggot shrinks in size, and the outer covering hardens into what looks like a miniature football. The adult fly develops in that football, called the pupae.

On average, it takes 14 to 24 days for the eggs to reach adult stage, depending on weather.

The longer a body has been left outside, the less precise an entomologist's estimated time of death.

A number of factors can delay insects from reaching a body. For example, burial in a shallow grave, strange weather or wrapping the body in a blanket can delay detection by insects for a few days.

"They'll get there, but they're not going to get there as quickly," said M. Lee Goff, one of eight certified forensic entomologists in the nation and chairman of the forensic sciences department at Chaminade University in Honolulu.

Danielle apparently wasn't wrapped in a blanket or buried in a shallow grave. However, Faulkner has described the weather in February as unusual.

Jurors in the Westerfield trial have heard powerful scientific evidence over the month the prosecution has been presenting its case. But their responsibility is to determine beyond a reasonable doubt whether Westerfield killed the girl, and the defense has not begun.

Witnesses for the prosecution have testified that DNA from a bloodstain on Westerfield's jacket and on the carpet in his motor home matches Danielle's. The victim's DNA was obtained from one of her ribs after the autopsy.

Jurors also have heard that a hair found on a bathmat in Westerfield's motor home could be hers, and DNA tests of a hair found in the motor home's sink drain matched her DNA.

Witnesses also testified that fibers wrapped around the victim's necklace matched fibers found in Westerfield's bedding and laundry, and an expert said two fingerprints found on a cabinet in his motor home were left by her.

 

--------------------------------------------------------------------------------
Kristen Green: (619) 542-4576; kristen.green@uniontrib.com

 

Copyright 2002 Union-Tribune Publishing Co.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; damonvandam; westerfield
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To: dread78645
Re: Killfile.

HEY!!!!, I have one and his name is already on it, so are a lot of others, we ought to compare names!!!!!

741 posted on 07/11/2002 7:22:12 AM PDT by UCANSEE2
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To: RnMomof7
Think Stealth Ninja Dave....
742 posted on 07/11/2002 7:24:57 AM PDT by Jaded
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To: dread78645
Good Morning dread;

You made a good point here(IMO) You said the scent dogs made a hit on Dw's house but not on the MH.Right?

We know Danielle was in Dw's house selling GSC one day that week,maybe as late as Friday,Feb.1. If the scent dog found her scent in his house but not the MH wouldn't that show Danielle was not in the MH after she was in his house?

Does this make sense?

743 posted on 07/11/2002 7:25:07 AM PDT by BARLF
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To: truth_seeker
In response to your post. Although I have my opinion about DW's guilt/non-guilt, as I am sure you and every other poster on these threads has,

I THINK YOU ARE COMPLETELY CORRECT, as far as how the jury will see this and what the might do.

And what the JURY DECIDES, will be the bottom line to this case.

744 posted on 07/11/2002 7:30:41 AM PDT by UCANSEE2
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To: fnord
I installed the new 'ignore fools' option on my end ...

And since I created and patented the device, you all owe me a 'users fee' for every time you have to use it.(/sarcasm)

745 posted on 07/11/2002 7:34:18 AM PDT by UCANSEE2
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To: MizSterious
Miz, do his vast talents not boggle the mind?
746 posted on 07/11/2002 7:35:50 AM PDT by Jaded
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To: RnMomof7
O 'Reilly is a pompus a$$ ...

Here is all that needs to be said to clarify BILL O'Reilly.

There is a new show coming out on TV called 'THE PULSE'.

IT's lead idiots (I mean commentators) ARE..............(drum roll again, please)..............

Bill O'Reilly ... and.... Jeraldo Rivera !!!!!!

747 posted on 07/11/2002 7:37:57 AM PDT by UCANSEE2
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To: UCANSEE2
LAST WORD. Everyone out of the pool, onto the new thread. I will PING everyone from there. Bye Bye.
748 posted on 07/11/2002 7:42:49 AM PDT by UCANSEE2
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To: John Jamieson
That orange fiber was 1.5" long! Sounds too long for most fabrics and carpets, etc. Might be a nice match to one of those roughly woven search vest things.

It is not too long for fabrics and carpets. In fact it would be about the right length. Those 'roughly woven search vest things' are made with polypropelene fibers, not nylon.

749 posted on 07/11/2002 7:59:55 AM PDT by connectthedots
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To: MizSterious
But yes, fathers kill their children, for any and all reasons, and for no reason at all.

I accept that it does happen. And although the two cases you provided involve fathers brutalizing their own children, its still horrible to think of a father doing such things to his child.

It remains for some evidence on Damon to be collected. Yes, Damon's actions are suspicious, but unless an investigation which collects solid evidence is reopened, there will not be justice for Danielle.
750 posted on 07/11/2002 8:01:49 AM PDT by pyx
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To: shezza
That Camp Granada song is way good. Lots of funny folks on these threads.
751 posted on 07/11/2002 8:04:43 AM PDT by mommya
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To: Jaded
Haven't really followed the trial, have you?

I don't think O'Reilly has either. I doubt that he took the time to watch/listen to the trial or read the transcripts. Just relied on what the media have been feeding us.

752 posted on 07/11/2002 8:06:08 AM PDT by nycgal
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To: Greg Weston
Yeah well why didn't Feldman come out and say the son did it then? Why mess around and play games with mights and maybes? Is Westerfield going to take the stand and put the blame on his kid?

Exactly, Greg. Since the porn has been found and the defense feels free to make inferences that it's the son's, why don't they just go ahead and call Neal to the stand. Why, he could clear this all up as plain as day.

753 posted on 07/11/2002 8:50:04 AM PDT by cyncooper
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To: UCANSEE2
HEY!!!!, I have one and his name is already on it, so are a lot of others, we ought to compare names!!!!!

Mine was a very lonely place with only 'Tabitha Soren' wandering around. Now she has Greg Weston' to keep her company.

I'm sure they'll have lots to shout about.

754 posted on 07/11/2002 9:12:28 AM PDT by dread78645
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To: BARLF
If the scent dog found her scent in his house but not the MH wouldn't that show Danielle was not in the MH after she was in his house?

Yes that's the gist.

Another thing bothering me is: did they have to bring the dogs to whatever they wanted found ?
Why didn't they start the dog(s) at the van Dam's property and see where the dog lead ?

I have a lot of respect for the LE K-9 units; but these volunteers folks are very iffy --IMO.

755 posted on 07/11/2002 9:47:05 AM PDT by dread78645
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To: Jaded
Thank you so much for the weather link, Jaded. I drew my data from weatherunderground.com.
756 posted on 07/11/2002 10:00:20 AM PDT by Bonaparte
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To: truth_seeker
Thankyou for your thoughtful and courteous post, ts. And I have to agree with many of your observations. IMO, the physical and other evidence against the defendant is too coincidental for chance, which means that he either committed the crime or somebody went to a lot of trouble to frame him, courting considerable risk of discovery. Since I know very little about the jurors, I won't even hazard a guess about their verdict.
757 posted on 07/11/2002 10:18:44 AM PDT by Bonaparte
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To: fatima
Those tiny little droplets--if they were there at all, and are not just an artifact of error-- are constantly being shed by small children and show no more than that the girl had been in the MH at some time, which was admitted by all up front.

Nowhere is it suggested that the amount of blood is sufficient to indicate any serious injury much less a cause of death, and the dogs refused to even indicate on the interior of the MH, suggesting that her presence there was quite a long time in the past.

Crappy erroneous blood tests are what led to the Lindy Chamberlain matter in Australia, which all on this thread ought to study up on, to see how public hysteria lynched an innocent woman there, and let it be a lesson to all in the Westerfield case.

758 posted on 07/11/2002 1:49:12 PM PDT by crystalk
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To: dread78645
They not only led the dogs to water, they made them drink!
759 posted on 07/11/2002 1:50:53 PM PDT by crystalk
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To: spectre
Those blood droplets could have come from Brenda. IIU anything about mtDNA, it is the same between a mother and daughter.
760 posted on 07/11/2002 1:56:11 PM PDT by crystalk
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