2nd Bug Expert Bolsters Westerfield Defense: (Dusek Melting Down Before Juries Eyes!!)

NBC/San Diego ^ | July 22, 2002 | NBC/San Diego

[FresnoDA]

2nd Bug Expert Bolsters Westerfield Defense

Expert Says Fly Infestations Show When Danielle's Body Was Dumped

 

POSTED: 6:58 a.m. PDT July 22, 2002

UPDATED: 2:28 p.m. PDT July 22, 2002

 

SAN DIEGO -- The trial of David Westerfield resumed Monday with more testimony about insects, as defense lawyers tried to show that their client was not the person who dumped Danielle van Dam's body along a two-lane road in East County.

Before testimony began, Judge William Mudd warned jurors to ignore last week's murder of a young girl in nearby Orange County. Mudd said that the abduction, sexual assault and murder of 5-year-old Samantha Runnion "bears no relation" to the trial of David Westerfield.

Westerfield's trial had been in recess since July 11 so the judge could take a previously scheduled vacation.

Westerfield, 50, lived two doors from Danielle, who vanished after her father put her to bed the night of Feb. 1. Searchers found the girl's nude body on Feb. 27 along a rural roadside east of San Diego.

A forensic entomologist, testifying Monday for the defense, said Danielle's body could not have been dumped at the roadside before Feb. 12, according to his analysis of flies and larvae collected during an autopsy. The blow flies that were found on the body typically descend on a cadaver shortly after death, but it can take longer in cooler temperatures, entomologist Neal Haskell said. Based on his analysis of the temperatures in the area at the time, Haskell (pictured, right) put "the time of colonization" likely at Feb. 14 and no earlier than Feb. 12.

Prosecutors challenged the defense's weather data.

Haskell's testimony puts the time the body may have been dumped several days earlier than suggested by a previous defense witness, entomologist David Faulkner. The defense has seized upon the time of death, which could not be precisely determined, to suggest that the body was dumped at a time when Westerfield was under constant police surveillance.

Westerfield was put under observation soon after Danielle disappeared, according to police testimony. He was arrested on Feb. 22.

During Haskell's testimony about insects devouring Danielle's body, the girl's parents, Brenda and Damon van Dam, stared at the floor as they sat in the back row of the courtroom. It is the first time that Damon van Dam has been in court since Judge William Mudd banned him from the proceedings almost a month ago as a security risk. Mudd restored his trial privileges just before going on vacation.

Lawyers for Westerfield have said they expect to offer two to three more days of testimony.

[Freedom2specul8]

Technicality...but bump to that... I ammend my comment and switch "DW is innocent committee " to "DW is not guilty" committee . As much as it is a painful thing, even the guilty can be found not-guilty cuz they might not have enough evidence to convict. Well, I think you would put a strong run against ucansee2. Why don't you both share..and be co-chairmen. :)

[UCANSEE2]

It isn't completely unreasonable to assume that fly's avoid the desert unless they are carried there by animals.

For someone who believes that a negative proves nothing (now you made me do it), you sure use a lot of double negatives in your sentences.

I am wondering that in the case of a desert do the fly's get there via their own or do they get there via birds and other animals.

Well, they could get there on their own. However, there is probably a shuttle service from the nearest oasis to the birds. Flies, of course, ride 2nd class, and larvae are definitely in the cargo hold.

Those that have more time can take the greyhound or other large animal at significantly reduced rates.

All departures daily, call early for reservations. :)

An assumption that fly's are as active in the desert as they are elswhere.

This also was asked of the various bug experts and answered.

[Jrabbit]

Re: your post 992 and this one. Where is the BARF alert?

[EllaMinnow]

Girl Scout cookie sales are on a nationwide schedule - none were available for distribution until February 25th at the earliest.

[UCANSEE2]

People that talk to themselves are strange.

It's OK to talk to yourself.

It's even OK to answer.

As long as you don't say "WHAT?"

[UCANSEE2]

YES
YES
YES
YES
YES.

[theirjustdue]

"UNCANSEE2 in post 911 had some good theories too."

Yes, I agree. The "blue sheet wrap" theory sounds like a real possibility too.

[JudyB1938]

Please confine yourselves to specifics of the case and leave all personal comments out of this thread. Some of you already got the new thread locked. Do you want this one locked, too?

And it's not just because I am old and grouchy that I am saying this. Other people feel the same way.

[Freedom2specul8]

Nice post..did you pass that along to Nancy too?

This should have been posted on top of all the vd threads.

The random coincidences that occur in everyday life provide a rich soil for false but seemingly undeiable connections between events and between people and events.

[bvw]

I am pretty sure she'll see it. And if not, no hairs off my beard.

[Freedom2specul8]

LOL

[It's me]

Assuming that golf course provided oasis for flys would they travel 1/2 mile into barren desert ?

Simple, to find a site for her to lay her eggs. Haskell stated that a fly has an incredible sense of smell an can smell dead flesh up to a mile and a half away.

[mommya]

Just looking a bit for stuff related to flies in the desert - or not in the desert - anyway - came across this - it's not scientific mind you - but seems relavent. Here's the link

Here's a snippet from this guy's journal (my bold)....

"Friday, October 19 Today I drop 5000 feet down Sheep Canyon to the floor of Death Valley. In order to conserve my dwindling supply of water, I begin my hike in the cool of the morning well before dawn. The hike coming down Sheep Canyon is beautiful with dramatic views of Telescope Peak in the beginning as I drop about 1200 feet down a steep minor ridge into the soft, sandy streambed of Sheep Canyon. My legs are a little burnt from my peak climb yesterday, so It's a relief to get down into the relatively flat canyon bottom, and aside from a few minor manageable dry waterfalls, the hiking is pleasant and easy. The canyon closes in at several places, and the sheer cliffs and Utahesque erosional features in these tighter spots make for a dramatic descent. I reach the bottom by 10:00 a.m.. Steve and Lawrence are picking me up tomorrow about a mile and a half from here just outside the mouth of the canyon, so I've got nothing to do for the rest of the day. I thought this would be a good thing. I find a shady spot, read my book (David Darlington's "The Mojave"), but when I set up my little nest with my sleeping pad, I find myself besieged by numerous extremely large, aggressive and persistent flies. I'd hike around, and get out of the moister, shady areas where they like to hang out, but I'm so low on water I really can't afford to do anything but just sit here. I become obsessed with trying to kill the flies, and nearly destroy my book which I'm using as a swatter when I realize that (a) I'm becoming a little to obsessed with the flies and (b) no matter how many I kill, there's more to take their place. So I consign myself to the incessant buzzing, and just lay there, trying to read, and eyeing my water jealously wondering how long it will last me.

The day takes a turn for the better once the sun starts to go down and I am free to hike out of my fly-ridden little hole. So I hike out to the mouth of the canyon and bammm! There it is, the wide open, panoramic heart of Death Valley I with the lowest point in the U.S., Badwater, just north of me and the towering Panamints with majestic Telescope peak (11,049') dominating the skyline directly in front of me. As the sun goes down, and the sky turns a dark purple, I see the strangely reassuring, soothing sight of two or three sets of headlights moving surreally slowly and silently in the valley below. I go to sleep a little thirsty, and in that foggy transitional state between consciousness and sleep, I imagine that there are glacial streams running out of the Black Mountains, rippling right by my sleeping bag.

Death Valley is like the desert of all deserts - right?

[UCANSEE2]

If you mean Danielle and Layla?, well, that scenario was a response to answer the question of :

HOW COULD TRACE EVIDENCE of Danielle end up in the MH without her being in it?

IT was to show how something like that was possible, it was not to provide proof that that is what happened.

Thank you for asking, as others may also have been unclear what the heck I was talking about.

BTW, your response to BASSCLEFF about the 'secret girl scout tea party' was a good one, and very accurate. If the defense had such info, they had their chance to present it and didn't. Supposedly defense wraps up Wednesday.

The issue now is what is the MEDIA TAPE all about, and will it have a minor or major effect on the case?

IF Defense is essentially 'done', what will the JURY decision be.

Even though I have my opinion, I don't believe the jury (1) Has repeated access with computers to search and compare that YOU and I and others on FR have.

(2) I wasn't in their shoes, and they saw/heard things I didn't, + the judge instructions limit what they can regard, even if they saw/heard it.

How they will vote, at this point in the case, is anybody's guess.

I was hoping for some irrefutable evidence ONE way or ANOTHER. Either CLEAR his NAME, or CONVICT HIM UNDENIABLY.

Unless this tape provides this, I don't think it will happen that way.

[PrairieDawg]

Gang,

FWIW - when I hiked in the Superstition Mtns near Phoenix (hot and dry is the usual condition) flies of various type were usually there. They were more prevalent where there was stagnent water, but even when water couldn't be seen if there was something dead they were out in force.

Just a tidbit in the "flies in the desert" discussion. We now return you to your previously scheduled flamefest.

FRegards,
PrairieDawg

[JudyB1938]

With today's real-time ability to access information and monitor trials on TV and on the Internet, do you think our law enforcement officers and our judiciary system will be held to a higher standard in the future?

[clearvision]

I'm not sure why everyone keeps saying this is "barren desert". Looking at Mapquest aerial photos of Deseha Rd. show houses scattered about along the road, lots of areas with trees and bushes, creekbed areas, Loveland reservior within a few miles and the golf course.

[VRWC_minion]

Danielle loved to wrestle with Layla (the dog)

Ok. Is this in evidence ? Was the dog allowed to roam unleashed with a 7 year old ?

Layla clawed/scratched Layla.Plausible. Except was this the only time the dog scratched ? I cannot recall our dogs ever scratching to draw blood but its possible. I wouldn't let my kid play with dog if that happened before.

The MH was down at the PARK having some 'work' done on it by DW and girlfriend.,

So the girlfriend could have been witness to Danielle being in RV ? Why wasn't she called yet ?

Layla could have scratched Danielle, then (in response to Danielle hitting her or Danielle crying) went and found her way into the MH to hide.

Normally our dog would run home if it was being punished.

She leaves a drop of blood or even plasma (some scatches produce no blood but to leak plasma to the surface) by the bathroom.

So dog scratches her, she enters RV unnoticed by girl friend and the blood from the scratch happens to drip. Pretty deep scratch. What kind of dog is this ?

A hair drops off and later is wiped off and rinsed from a rag into the sink.

A hair drops off where, on the carpet or on the floor. Why wasn't it vacuumed ? If washed with hair and stuff why put water down sink and not the toilet ? If put down sink how did it manage to not get washed past the trap. Not all hairs get caught.

lyla goes toward the front to the vehicle and in an attempt to look out the windshield, raises up on her hind legs, and rests her paws on the side of the seatback, which has DW's jacket wrapped around it.The dog leaves more DNA (plasma,blood) on the lapel, as well as some soil prints. (These are the 'other' spots the police found but which didn't have Danielle's DNA.

If his jacket is there then he could certainly give some specific details as to approximately when this occured even if his girl friend couldn't. In the scenario Westerfield must have forgotten this. That would be odd.

That is how her hair and DNA could get in the MH without being there. And how Layla's hair got in there.A wayward dog that scratches, a 7 year old girl that gets injured and goes to strange RV rather than home for attending to her wound, a dog that gets yelled at and chooses to hide in strange RV rather than going home, a girlfriend who is clueless, Westerfield has no memory of the event, and a hair that manages to fall at this time, it avoids the vaccum gets hand washed up onthe floor and manages to stick in the trap.

It could happen.

Now, Danielle gets up, and runs around to find Layla. She finally figures out/sees her in the MH, and goes in and drags her out. She is only there for about sixty seconds or less, leaves no other evidence except, a LATENT FINGERPRINT while trying to grap Layla and turn to drag her out.

The dog ran to the front of the vehicle and to the back, ok. Why would she need to touch the cabinet to get the dog out ?

I said I would tell you today, so I have.