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.

[UCANSEE2]

The only problem I have with your theory
(and Dusek did try to broach the subject of the dryness. Lack of food, Water. He tried, dryness, then wetness, then normal,abnormal, anything that would work to his advantage. None did.)
is that you assume that a desert environment has no insects.

This is completely wrong.

[VRWC_minion]

So you would violate your oath as a juror simply to allow the prosecutor another chance rather than obey it and find him not guilty based on the standard that the prosecutor must prove his case beyond a reasonable doubt?

Yep.

[UCANSEE2]

A plausable theory. One that has been brought up and discussed many times. You have many allies on that theory.

Mainly based on the speculation that Damon wasn't at home babysitting as he was supposed to be.

No one has any actual proof this happened, but neighbors gossip and rumors on the net said he went over to a girlfriends house, and that they (Damon, the woman, and her son) went to a PAINTBALL arcade until 1am.

[UCANSEE2]

And we haven't had the elections yet.

And I suppose you think I will vote for YOU!

:)

[EllaMinnow]

You've done a wonderful job of laying out your theory, and I appreciate your clarity.
I'm not asking for a specific time of when this could of happened, just a general idea.
I know that Susan L's daughter testified to the RV being at the park. Did any of the others testify to this? I'm re-reading the transcript in another window, and it would be a help to me to have reminders of the RV in the park testimony.
Thank you!

[UCANSEE2]

Why don't you both share..and be co-chairmen. :)

Hey, If I can't WIN, I'm taking my toys and going home!

;)

[VRWC_minion]

You would either have to ask the Flies or the forensic entomologist

You see this is my problem with the bug guys answer. There should be controlled studied that can show what the time frames are in the desert. The fact that the guy didn't have a reference to any study that "asked the desert bugs" is what I question.

[VRWC_minion]

We can presume that the flies flew into the desert because they caught the scent of rotting flesh.

How far does the smell go ? If the flies are not in range how would they smell it ?

[rolling_stone]

Dehesa is not a true desert...

[demsux]

You can bet that Singing Hills golf course has one or more lakes/ponds...many times they recycle that water onto the fairways/greens.

[VRWC_minion]

"It couldn't be just coincidence."

At least three coincidences at once is more than I can accept. Blood like subtsance + hair that falls in trap + sole fingerprint isn't one coincident. Its three, maybe four couting the fibers.

A play time visit doesn't do it for me. Especially in that the chances of one of the three occuring decrease the chances of the other occuring.

[Mrs.Liberty]

barren desert

To clarify, all of San Diego County is classified as having a desert climate. However, it is nothing like, say, the high desert where DW went on his MH trip. It is a very dry, mild climate. Temperatures in the winter, at night, will get into the 30's in some areas. A shift of 10 miles either way usually brings the temperature up or down. But, we are no means living in the typical "desert" that people may be associating the Dehesa area with.

[UCANSEE2]

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?

Only if we use the power WE HAVE. That power is the one where we use the tools (TV,Internet) to find out what the TRUTH really is, and then ELECT or NOT ELECT people to office based on their concern for TRUTH and JUSTICE.

We have had this power all along. Now, the tools to 'streamline' the process are in place, and the government (those 'elected' leaders) don't like it one damn bit.

[clearvision]

Here is west end of Deseha Rd.: http://www.mapquest.com/maps/map.adp?zoom=7&mapdata=jZ2g%2b%2fXW8V9Du610of1ed2cyV39YHhenweRsfuFxEHZss80eFNh2TcuElgkPyXxDfzClrhzX%2bwXs4ugBnRvPiDX0V9po%2fUgtSFsqAzpCcCcOrbg%2fEQ8bVKY3Nxqu8hP6JLZ9sKaXwwZ7Hob6Rtx0PXNs3sndjCK8DWBmjY2pr7UP%2fsm6XRpV2IN4oveBxhDuUrAJOvL9z3aB62aridxaP9%2fAepgK1fpbpgaPbM7XxLbsMoUnycZiKFG9T2oGswGVOqBok3%2fOR8rkuSy1znhn0fqvKQo%2f1xI8DLm5x6M9%2b%2b4%3d
And the east end:
http://www.mapquest.com/maps/map.adp?dtype=a&mapdata=jZ2g%2b%2fXW8V8mxasWbqXx5kMHoT17sbE8mAoYQAyXJEv1qFuUivEMoNfHb3arw6BwMUcSGPhoMWsHysM7U6Hccl0%2f%2bf5BOnjzHAc0ETP5I4mrYpuSBWzASM2GOh6BLG61H3R9BcEhmJmJ%2bc1HUMRqUeF%2fH98C4Cs7NLCsWiSdIJD2UWH0ZM4%2fN4gwA3z9Q1XGWOGl%2f0L%2bi4y5Awf0UfGv3lewbKzXUGe8vbsIc7MrBa8QsOl4lnO2LNQB22%2f8GHeHqFfh6W2q9Tfj0GSkUkzKogOAngzAu4rYLJDs5L8Byg0%3d
Hope the links keep working they look pretty messy.

[rolling_stone]

http://waynesword.palomar.edu/ww0504.htm

[UCANSEE2]

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

GOOD info input. Thank You.

[crystalk]

Oddly, San Diego and its "desert" only 25 miles inland as at Dehesa, do receive quite a bit of rain especially in the months of Feb, Mar, and Apr. The country was quite green and beautiful at the time, as the pictures show, and was by no means a hot, desiccating environment.

In fact, So. Cal. can receive as much precipitation IN THOSE MONTHS as Atlanta or Washington DC do in those same months!

[Mrs.Liberty]

We have had quite a few discussions about this and there are some posters who do not think it was possible or probable. Good Luck going down that road.

[juzcuz]

Your right--
There was poison, Oak and Sumac under and around her body. Has anyone ever heard of Poison Oak and or Sumac growing in the desert?