Expert: Body dumped after defendant fell under suspicion (SO WHO DUMPED DANIELLE VAN DAM'S BODY??)

Union Trib ^ | July 11, 2002 | Steve Perez/Greg Magnus

[Jaded]

We have the bug thing going. Also some are on a songwriting binge. Compositions will be appearing on the SND site shortly.

[shezza]

Just a little reminder for everyone:

Supreme Court of the United States (a.k.a. "the law of the land")
1984 California v. Trombetta

But criminal defendants are entitled to much more than protection against perjury. A defendant has a constitutionally protected privilege to request and obtain from the prosecution evidence that is either material to the guilt of the defendant or relevant to the punishment to be imposed. Brady v. Maryland, 373 U.S., at 87. Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendant's guilt. United States v. Agurs, 427 U.S., at 112.

"Jeff, Jeff Dusek? Please pick up the white courtesy phone."

[ItsOurTimeNow]

But YaYa...none of those things matter if the Prosecution can't place HOW the blood got on his jacket, or WHERE the fibers came from.

Bear in mind, the fibers are "similar", not exact.

[Southflanknorthpawsis]

You keep screaming at me for "proof."

I simply asked you on what you base your conclusions (your facts, if you will).

I'm stating my opinion. "Small amount" of child-porn is in the eye of the beholder. There are lots of folks who think that "a little porn" is a healthy thing. You might be of that opinion. Whatever.

You can just slam on the brakes right there. I will not tolerate this type of crap !!!!! I am as against porn as much as a person can be. Don't play that nasty little game.

I addressed the subject of "child porn" and the truth of whether or not it is his. I did not condone it; any of it.

It is rather important to focus on the details of the porn and its usage since the DA bases all motive on it.

I suggest you educate yourself on the finite details of testimony and evidence.

[pyx]

About that phone call Feldman was asking about today

What do I think about this ? I'd speculate that the phone call received on February 16, 2002 objected to on two occassions by Dusek is as exculpatory for David Alan Westerfield as the insect testimony by Faulkner and that the DA and prosecution would very much like such evidence surpressed -- irrespective of the Supreme Court ruling that ALL evidence, including exculpatory evidence be made available to the defence. I believe the phone call detailed where Danielle Van Dam's body was. I'd also note that search groups had previously searched the same Dehesa Rd area and that Damon Van Dam had left on his second mystery blue van adventure AGAINST the advice of police on that same date.

[UCANSEE2]

Cue up the Love Boat Theme and welcome on board The Cynical SOB Boat !

Ahhhhhhhhhhhh...........

I love boats, have a few myself.

You'd have to be one cynical SOB to conclude there are corrupt leftist politicians in office in California who sell political favors to the highest bidder and deal by graft.

Well, you have to understand. I come from KANSAS CITY. Home of PENDERGAST and TRUMAN. PENDERGRAST was the most corrupt politico in US history. Just watched a show on PENDERGAST and TRUMAN and you wouldn't beleieve JUST HOW CORRUPT he was. Make Pfingst look like small potatoes.

Anyway, makes it easy for me to SPOT 'EM !

[shezza]

From the Golden Oldies archives:

Ballad of Dad's

I met her on a Friday and my heart went "wheee!"
The Bren-duh-duh-duh, The Bren-duh-duh.
She told me that her name was Cherokee,
The Bren-duh-duh-duh, The Bren-duh-duh.

Oooooh, she looked so fine,
Yeah, I'll make her mine,
And when I asked her home,
The Bren-duh-duh-duh, The Bren-duh-duh.

She had a little hottie on her arm that night,
The Bren-duh-duh-duh, The Bren-duh-duh.
I asked if I could teach them how to party right,
The Bren-duh-duh-duh, The Bren-duh-duh.

Oooooh, that bar in Poway,
Yeah, they said "go away,"
So, I kept asking them home,
The Bren-duh-duh-duh, The Bren-duh-duh.

[cyncooper]

That's the problem with so many people they believe guilty until proven innocent. Instead of INNOCENT UNTIL PROVEN GUILTY.

This is not a juror we're talking about here. It is the father of the murder victim.

[shezza]

Pyx, see #222.

[Politicalmom]

BACK TO BACK!!!

[UCANSEE2]

some things have to be BELIEVED, to be SEEN

Another jewel of wordism. Goes back to a reply I made about 3 threads back.

We HEAR what we expect to hear. We SEE what we want to see. We remember things the way we want to remember them. PERIOD.

[Politicalmom]

And what would make them "Westerfield fibers"? They haven't proven that they came from his environment, they do not have a source.

[shezza]

Jaded--can you say "appeal" 250 times? It's my understanding that's how many times Faulkner has testified for the prosecution in that area. If it's now worthless, I'll bet a lot of attorneys are heading to court, papers in hand!

Ahhhh, excellent point!

[juzcuz]

I beg to differ-- although I don't know the guys from Kansas City that you are referring to.

I DON'T THINK anyone can rival Governor Edwin Edwards, from Louisiana. He bought everyone....Judges, Jury's, other polictico's, etc. -for decades-

[ItsOurTimeNow]

Exactly...I don't even know how they can consider it circumstantial evidence. It's not like the fibers have DNA that can be traced back to anything DW owns...or, sparing that, at least his name written on each of them with a laundry marker...lol

[Eva]

Do we know where the fiber's in Westerfield's motorhome and house came from? Did they come from something that belonged to Westerfield or did they come from another common source?

[shezza]

A few more, for toe-tappin' fun:

Give me down to there hair,
Shoulder length or longer,
Here baby, there mama,
Brother, daddy, who knows whose
Hair, hair, hair, hair, hair, hair, hair.

Brown, blonde, color-treated
Long hair, short hair, Asian, Layla's,
Frayed ends, split ends, blunt ends, tapered.
On the floors and in the laundry,
Find it, bag it, what a quandry--
Hair, hair, hair, hair, hair.

[RnMomof7]

I have not followed the Smart thead...but there is in my mind NO comparison.....The Smart had had their evening prayer the night their daughter was taken...the VD had their dope and "pizza Party".......

No similarities IMHO

[dread78645]

as I realize there is no way I can know based on such scanty knowledge as the media put out, what the evidence is against Westerfield.

Reading the transcripts ?

(just a thought)

[cyncooper]

But YaYa...none of those things matter if the Prosecution can't place HOW the blood got on his jacket, or WHERE the fibers came from.

Jurors get to use common sense! Danielle (despite conjecture) had no access to the MH. Unless Feldman can produce evidence she did---so far he has not. One can then conclude that the weekend she is kidnapped and he is traveling all over is the "when".

(And that is just a portion of the evidence)