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.

[VRWC_minion]

Well, let's see. This PARTICULAR spot was stated to be A FAVORITE ILLEGAL TRASH DUMP for that neighborhood.

Thank you for that. I am interested in what the goff guy might come up with, also the link I found on what happens to body in dry climate. Apparently the process is different than normal.

[Southflanknorthpawsis]

He will be paid for his testimony, you know.

Not only that, but I expect Feldman would demolish him in cross.

We have all heard that this whole time of death thing is Feldman's forte and his client's life may depend on it.

I don't look for Goff to have an easy time of it if we see him court.

[cyncooper]

Dehesa Rd trip happened (in my speculation) Sunday evening.

[John Jamieson]

Kim you have no proof to confirm that statement. You left out the lady who testified DW he was there! The fact that there was another MH that was not, him means nothing.

[VRWC_minion]

Thanks for the info. Looks like the area was both wet and dry.

[ThreeYearLurker]

Westerfield claimed to have danced with Brenda, she denied it, the bar patrons backed up Westerfield in testimony

[UCANSEE2]

..fingerprints WOULD have been taken FIRST THING on the CD's.

And if the CD's had Damon's fingerprints ? What would you do?

The other thing you mentioned I already discussed in detail earlier on the thread. Possible links in the Samantha and Danielle deaths.

[Eva]

Did it ever occur to you that DW may have been embarrassed about the condition of his house and motorhome, knowing that the police would soon be asking to see it? The Van Dams cleaned their whole house before they allowed the police to come in. Why is it ok for the victims, but not the accused?

[EllaMinnow]

I've posted this already this afternoon, maybe you missed it.
From the latest update on the San Diego Union Tribune website:

"Feldman said the defense expects to rest its case Wednesday after calling two witnesses to testify about media coverage of the disappearance and death of Danielle van Dam.
Feldman characterized one of the witnesses as an ''expert.''

The defense recently received videotapes subpoenaed from a number of local television stations.

According to KUSI, the subpoenas were for videotape shot on Feb. 27-28 of the East County location where searchers found the victim's body.

On Monday, the defense brought in boards containing still photographs from television footage. Most of the shots were of the Sabre Springs neighborhood where Westerfield and the victim lived.

The boards have not yet been shown to the jury."

[UCANSEE2]

Has anybody even seen it, aside from that child-advocate guy?

As far as I know, It is still in Danielle's bedroom. I did not read that police took it into evidence, on the contrary I read they ignored it.

[rolling_stone]

The f#*@($^ guard at the strand said she saw him and the cop said he didn't check everywhere. The parking area was described as rather large, just because the cop didn't see him in one place doesn't mean he wasn't at another. My diet is getting salty.

[Jrabbit]

The shell casing on Danielles bedroom floor...

[UCANSEE2]

Was the dump filled with garbage bags, or the average "bulky items" dump that one normally has to haul away for an expense?

My understanding is both. A Refrigerator was mentioned by Dusek. Don't know if it was because there was one there or it was convenient for his question.

Reportedly there were just what you expect or see in a 'illegal' dump site. Large items, bags of garbage, probably not much of things like regular trash (mail) as that has addresses. Things like sheets/blankets/mattresses, broken toys, you name it.

[TamiPie]

I'm doing to ask a rather stupid question: Didn't anyone driving on Dehesa Rd. ever see Westie's MH (or any type or RV) driving thru the area where Danielle's body was found anytime in early Feb.? OR at the date/time the bug experts claim her body would have been placed there (Feb. 16)?

[cyncooper]

Did it ever occur to you that DW may have been embarrassed about the condition of his house and motorhome, knowing that the police would soon be asking to see it?

I am sorry, but I don't see what you are getting at. I am saying that he never told the police about going to the drycleaners before he returned the MH to its storage area. What does that have to do with the condition of his house or MH?

He talked to police less than two hours after this drycleaning drop-off, yet neglected to mention it when he gave the police an accounting of his weekend. Since he was, in fact, giving this timeline, I don't follow what you are getting at.

[John Jamieson]

That would certainly be the fit, Super Bowl on and all, But you're assuming he did it and working backwards to when he might of done it. It's not proof he did do it.

That also means he carried around an alive or dead body all weekend. Stuck twice, long stays at gas station twice. Hard to imagine.

What do you do about the both the prosecution's and defense's bug guys if the body was dropped on the third?

It's much easier for me to believe that the body was in a refrigerator until the 16th or so.

[clearvision]

Do they not have buzzards in San Diego? Here in Texas I've seen a squirrel hit on the road found by buzzards within an hour or so.

[Southflanknorthpawsis]

Cadaver dog guy = Drew Carey