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]

(1) This was only an example to show HOW someones hair,blood,DNA could get into a MH without them being in it themselves. It was not meant to be proof that it actually occurred. I was trying to show those that say

HEY, her hair(1) was in there, and 2 drops that had her DNA. HE IS GUILTY

that there is a way the evidence would not prove guilt.

(2)What kind of dog is this ?

It was a WEIMAREINER (sp?). They are very large dogs, right ?

[VRWC_minion]

And then in #934, you stated "He didn't Danielles hair was there."

Now, either you are contradicting yourself, misunderstood my response, or I'm just not seeing your point. In any case, I'm having difficulty making sense what you are trying to communicate here.

I understand your post. You are saying that if Westerfield attempted to remove the hairs he wouldn't have missed all the others. Yor assumption presupposes that a cleaning would eliminate all hair. I disagree. A cleaning could occur and would not be likely to eliminate all hair but could eliminate most hair. I don't even think an auto detailer is that good.

If it was cleaned then hair would be removed and it could be assumed that if any is left there was probably more of the same type of hair befoe cleaning.

[VRWC_minion]

I'm not sure what you are implying, in this case, either. If it's as some have suggested, that DW wiped the MH of prints, that, IMO, has been pretty well disproved by court testimony. There were many other prints in the MH and DW could not have selectively wiped only Danielle's prints away (except for the one).

The fact that there are so many other prints and only one print by Danielle makes it harder for me to accept she played there. Especially playing there long enough to loose several hairs and some blood.

[EllaMinnow]

No, I haven't had the pleasure of reading Danielle's journal. Could you link to it, please?

[FresnoDA]

THE BITCH IS BACK-ELTON JOHN
PARODY!!!

The Jackals Are Back - FDA

They are justified by Nancy Graces' lies...
Raising cane, they spit in your eye
Times are changing, now the thread gets hacked...
But the Mods aren't gonna help you when Threadjackals attack

No.No.No.....

Westerfield is guilty and they know they're right
Jackal gangs will stay up trashing all the night
I can post with the best they can dish..
But if you blast a jackal you face banishment.....

No.No.No.....

Yes they're back, yes they're back
The THREADJACKALS are back...
Van Damned Apologist and that's a fact
You can swing, they don't care
Wear no underwear...
That's why they thread disrupt
It's the thing that they do

No.No.No.....

They're brash and profane..they have no brains
Say that Pedophilia is the total blame...
They're out of control, stalk from thread to thread
But if you blast a jackal you face banishment.....

No.No.No.....

Yes they're back, yes they're back
The THREADJACKALS are back...
Van Damned Apologist and that's a fact
You can swing, they don't care
Wear no underwear...
That's why they thread disrupt
It's the thing that they do

[dcwusmc]

the smell can travel for miles. I understand that testimony mentioned flies can smell flesh up to a mile and a half. With the golf course only HALF a mile away, gives the flies lots of margin for travel...

[VRWC_minion]

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

The answer I recall was that the fact that they arrived there is evidence that they were active. Circular logic at its best. Without studies to show that in fact happens the prosecution will be able provide doubt that they will be the same in the desert and will likely claim the larva was carried by the animals.

I beleive that is the foundation that the prosecutor set the table for.

[FresnoDA]

Here is a useful VDA size button...enjoy!!!

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[dread78645]

"if nominated, I will not run. If elected I will not serve."

[crystalk]

All of these posters' theoretical wrangling about whether flies OUGHT to be on Dehesa, is meaningless in view of the fact that they in fact WERE there, and the usual maggot infestation DID take place in the Danielle corpse.

That completely overwhelms the theoretical argument. Flies were definitely there ready to infest, as shown by the fact that they DID do so.

Therefore, the fact they did so only after Feb. 16 era (even the 14th or 12th dates were pushing it back till it screamed)...argues very strongly that the body was not there until the 13th-17th era.

In the teeth of all extreme posts by others, I simply say that it has not been SHOWN that DW is guilty of a crime, nor has it been shown beyond reasonable doubt that the death (as opposed to later mutilation and disposal) of Danielle was due to crime or foul play.

It is very likely that the person(s) doing the 2/16 disposal were working with, or identical to, the original actors and therefore NOT DW, but some stranger perp and/or Damon and someone working with him.

The twisted VD case probably results from one or more totally panicked people including Damon, who had the corpse of a young girl on their hands in very embarrassing circumstances, even if those did not add to murder.

If you note carefully, the Van Dams did not act hostile toward DW until many weeks after the supposed crime; only in the actual trial courtroom (not PH) did they look at him or act toward him as if they thought he had harmed Danielle.

[VRWC_minion]

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.

CAN smell, but what is normal distance fly's travel ? How long before a body in desert smells like a dead fish. What part does wind direction take ? Would fly's travel 1 1/2 miles when there is a well watered golf course near by ?

[EllaMinnow]

Who read it? Did you?
I'm just asking because you're presenting it as fact.

[UCANSEE2]

More points answered. (Keep asking questions. Soon you will have enough information to be able to make an informed opinion of the evidence in this case)

(1)Brenda stated in testimony that Danielle loved to wrestle with the dog.

(2)Brenda stated that the DOG scratched DANIELLE.

(3)The MH was down at the park , per TESTIMONY from DW's girlfriend.

They weren't THERE EVERY MINUTE. He left it parked there for DAYS while they did some work installing outside valances or shades.

(4) Layla was fairly NEW and would not necessarily have RUN HOME. Damon kicked the dog in the NOSE causing (according to Brenda) it to BLEED ALL OVER THE PLACE. Maybe it didn't want to RUN HOME.

(5)I said this, It was a WEIMAREINER. Look'em up. BIG DOG.

(6)Who knows what a kid would do while in a MH getting their dog. Climb up on a bed, stand there and shake their finger at the dog, saying BAD DOG, ...etc. and grabbing the cabinet to keep from falling over when the dog tries to jump up on the bed, almost knocking them over? Who knows.

As I said, it was only an example, but I can pretty much discount all your rebuttal anyway.

Mainly because there is still much information you missed as far as evidence and testimony.

I hope some of my answers and others helps you out. No matter what you decide on the issue.

[Freedom2specul8]

If the bug guy isn't enough..what about the explosive as a confession. Any new leads? Is this about the tape?

Rheo..remember this?
"~Kim4VRWC's~; spectre; All

My reading on this is...it's explosive as a confession would be....but not towards DW.....it is unimpeachable evidence towards someone.....they do not want this info out until/if and when he should get convicted and lose his appeals.

Sounds like he is protecting someone but only wants it used if all else fails.

snip 566 posted on 7/7/02 8:01 PM Central by Rheo"

[Admin Moderator]

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[John Jamieson]

Repeat from late last night:

Best Evidence, The Murder of Danielle

I have watched as much of the trial as possible on CourtTV, and the Internet. I have reread major portions of the transcriptions and discussed the case for many hours on this forum. I see tons of tealeaf reading type evidence: hoses, lights, curtains, dancing, sex play, porno, and fibers that may or may not have a common source. I see only two areas of good quality, scientific evidence worthy of serious consideration.

First is the motorhome evidence. DNA from Danielle is in the MH and on Westerfield’s jacket which may have been in the motorhome. The DNA evidence is backed by a fingerprint, and hair. Most people are aware that I believe no conclusive test for blood was ever run, but it doesn’t matter on an objective level, only an emotional one. Since Danielle’s DNA is in there, I can think of only three ways it could be.

1. DW grabbed Danielle and killed her in or out of the motorhome, leaving blood or drool DNA, the fingerprint and hair.
2. Danielle got into the motorhome on her own and played in there, leaving the same evidence.
3. The motorhome was “flaked” by LE to build a case ie. DW was framed.

Second is the bug evidence found on the body that says the body was placed there no earlier than Feb 12th. An expert paid for by the prosecution and one paid for by the defense have both testified to the scientific validity of their conclusions, and they are in very good agreement (as I write this of course there is a third expert waiting in the wings, who is unlikely to outweigh the other two, and probably won’t even disagree much). I see only three reasonable explanations for the Feb 12th earliest dump date.

1. Danielle was alive until at least Feb 12th.
2. Danielle’s body was refrigerated until Feb 12th.
3. Danielle’s body was tightly sealed against bugs until Feb 12th, and then unsealed.

All three require the action of a human being to make the body available to bugs on the 12th.

Lots of theories about this case exist, but there are really only three possibilities.

1. Westerfield did it alone.
2. Westerfield did it with an accomplice
3. Somebody else did it.

Now we need to test these three theories against the two major hunks of good scientific evidence.

1. Westerfield did it alone. Doesn’t fit, he was under constant police surveillance and could not have dropped off the body.
2. Westerfield did it with accomplice. Does fit. Explains both the motorhome evidence and bug evidence.
3. Somebody else did it. Does fit, but only if you use the second or third explanation for the DNA.

The prosecution theory as expressed in the opening statements is clearly theory 1. Unless the judge allows the prosecution to reopen the testimony to try to prove theory 2, then DW walks. Would it be double jeopardy to switch now? I don’t know the law well enough to say.

By this analysis it sure looks like DW will be judged not guilty, with many people believing that theory two was the only logical approach for the prosecution to take, and they blew it.

[VRWC_minion]

Did you miss this ?

down a steep minor ridge into the soft, sandy streambed of Sheep Canyon.

[Freedom2specul8]

By the way, I meant to respond to a couple of comments about the kids playing in the motorhome.

It is not unbelievable..but why have the kids not come forward to admit it? Will feldman produce that? It could provide PROOF that Danielle entered the MH under her own free will. Cuz right now, it looks like the blood drops were there because of a criminal cause.