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

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.

Neal Haskell, forensic entomologist 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.

INSECT EXPERT TAKES THE STAND

(07-22-2002) - David Westerfield's trial resumed Monday after an 11-day break with his attorneys again focusing on entomological evidence in an effort to show he was not the one who put Danielle van Dam's body where it was found.

Forensic entomologist Neal Haskell testified that blow flies did not colonize the body of the 7-year-old girl until at least Feb. 12 -- a time when Westerfield was under constant police surveillance.

"I concluded the time of colonization for the decedent would have been the 14th of February to the 20th of February," said Haskell, adding that the colonization could have occurred on the 12th or 13th in extreme cases.

Danielle van Dam's body was discovered beside a road east of El Cajon Feb. 27, five days after Westerfield's arrest.

The defense says Westerfield was under tight police surveillance beginning Feb. 5, making it physically impossible for him to have placed the body there.

Before the break in the trial, the defense called to the stand forensic entomologist David Faulkner, who testified that the victim's body was invaded by insects only 10-12 days before it was discovered.

The defense argues that the testimony on when the insect-invasion occurred proves Westerfield was not the killer because he was under constant police surveillance from Feb. 5 up to his arrest Feb. 22.

Under cross-examination by prosecutor Jeff Dusek, Haskell said he worked under the assumption that Danielle van Dam was placed in Dehesa at the time of her death -- or was killed there.

When Dusek suggested the body may have been transported around the desert in a motorhome for 24-36 hours, Haskell agreed decomposition and the drying effects of mummification could have been enhanced, but not enough to inhibit insect activity.

Dusek also attacked temperature data Haskell used to form his conclusion. Temperatures, according to courtroom testimony, could affect the speed of decomposition of a body and the speed of insect activity.

Haskell said he used temperatures taken from the National Weather Service at Brown Field on Otay Mesa. The airfield is more than 15 miles from where the body was discovered.

Haskell told the court he "was comfortable" using the Brown Field data because the elevation was approximately the same as the recovery site.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography. He could face the death penalty if convicted on the felony counts.

The last time testimony was heard in the trial was July 10, before Superior Court Judge William Mudd took a long-planned vacation with the approval of attorneys on both sides.

DANCING QUEEN-ABBA

DANCING QUEENS (Poway Version)-FDA

(Sing real slow!!! With feeling!!)

You can dance...
You can swing...
Having the time of your life...
See those girls...
Dad's Caf-ey...
They're in the Swinging Scene...

(Resume brisk Disco beat!!)

VERSE 1
Friday night and the lights are low
Dad's is the "in" place to go
Where they play the right music, getting in the swing
You come in to look for a King

VERSE 2
Anybody can be that guy
Night is young and the gals are, highhhhh!
With a drink of Red Bull, everything is fine
In the mood for sev-rhul guys....
A-non-ymous men will get the chance...

CHORUS
They are three Swinging Queens, a platinum blonde, only thirty-nine!!!
Swinging Queen, oversized shoes, careful of others' feet!!!
She can strut, she can lust, living a life of deceit!!
See that girl, a bit obscene, look it's a Swinging Queen

VERSE 3
You're a teaser, you turn 'em on
Keith starts burning and then you're gone
Waiting for a'nother, Demon is the one
They're in the mood for luuvvv...
And when Barb gets the chance...

CHORUS
She is a Swinging Queen, worn and teased, only forty-nine
Swinging Queen, runs upstairs, strip those covers bare!!!
She can strut, and Keith can lust, wish-ing that he was her man....
See that girl, quite obscene, a Sab-re Swinging Queen

VERSE 4
You're a Stew, fly around the world...
Like to smoke or-ganic grown....
Get a case of munchies...eat a Pizza Pie
You'll do it - with any guy....
Duh-Knees' is feeling fine...

CHORUS
She is a Swinging Queen, likes Halloween, she's only twenty-nine
Swinging Queen, testimony, makes her unemployed....
She can swap, her own words..but don't say she swings it aint right!!!
See those girls, they're obscene, Sabre Springs Swinging Queens

See those girls, they're obscene, Sabre Springs Swinging Queens!!!!

His reporter in the courtoom (River?) is saying (during the afternoon break) the witness is a big bust and has lost his credibility.

Well, those that ARE listening to the trial live (like me) have the complete opposite opinion. That is that DUSEK is a big bust. He keeps getting mad, and yelling, and the judge just called a break to (as someone else so aptly suggested) to let him pull his panties out of his crack.

So, who ya gonna believe?????

(Also)See GLOSSARY: WILD BUG CHASE

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