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2nd Bug Expert Bolsters Westerfield Defense: (Dusek Melting Down Before Juries Eyes!!)
NBC/San Diego ^ | July 22, 2002 | NBC/San Diego

Posted on 07/22/2002 3:02:31 PM PDT by 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.

Neal Haskell, forensic entomologistA 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.



TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; bugsrunamok; vandam; westerfield
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To: Southflanknorthpawsis
f Goff tries to tear apart Feldman's experts it would be a mistake. Goff could only help if he has proof that their is a reason for the dates being off. Just poking holes won't cut it and the prosecutor is better off leaving it alone.
1,341 posted on 07/23/2002 4:53:23 PM PDT by VRWC_minion
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Comment #1,342 Removed by Moderator

To: VRWC_minion
Or residue from remains.
1,343 posted on 07/23/2002 4:54:42 PM PDT by TamiPie
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To: TamiPie
#1246--re DW kidnapping Danielle, having his way with her, then someone else killing her and dumping her body. One big problem, DW is not charged with any sexual assault against Danielle.
1,344 posted on 07/23/2002 4:55:32 PM PDT by the-gooroo
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To: bolthead
At the mileage of the motorhome that should make a big difference in the amount of fuel left in the vehicle.

Having used one you will find that its not possible to correlate the use of fuel to the distance driven. The variables of the generator for AC and other electric can't be factored.

1,345 posted on 07/23/2002 4:55:52 PM PDT by VRWC_minion
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To: VRWC_minion
Was the defense lawyer under the same obligation to ignore and avoid investigating ?

NOPE.

By the time DW was allowed to even contact a lawyer, everyone in the neighborhood(with 1 or 2 possible exceptions) was being overwhelmed with the BIG CROWD of onlookers,gawkers, and the PRESS. Particularly the John and Ken show. They had already convicted DW on the spot.

This is my guess as to the status of things.

(1)Parents spoke to the cops, children weren't asked about the MH.

Since everyone believed the MEDIA and the COPS that DW was guilty, and this is such a HIGH PROFILE, HIGH EMOTION case, any child that could have said he was in the MH or he saw Danielle in the MH wouldn't be let NEAR ANY DEFENSE INVESTIGATOR by the parents no matter what.

Are you aware that the DEFENSE wanted to go to the VAN DAM home to do their own SEARCH, their own TESTS?

As defense, DO THEY HAVE THE RIGHT to do something like this, in the name of FAIR and EQUAL justice to defend their client? TO ensure a FAIR TRIAL?

ANSWER THAT ONE QUESTION, please.

1,346 posted on 07/23/2002 4:56:00 PM PDT by UCANSEE2
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To: VRWC_minion
A frig to store the body ?

They should examine that fridge.

1,347 posted on 07/23/2002 4:56:39 PM PDT by crypt2k
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To: the-gooroo
That's because there is lack of sexual assualt evidence because of the advanced decomposition of her body.
1,348 posted on 07/23/2002 4:57:17 PM PDT by TamiPie
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To: basscleff
Let's start with The Bren...

Courtney Love

1,349 posted on 07/23/2002 4:57:40 PM PDT by nycgal
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To: crypt2k
I'm sure they did.
1,350 posted on 07/23/2002 4:57:44 PM PDT by TamiPie
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To: mommya
I think it will be telling if he does not testify after having been consulted.

I agree.

It will also be interesting if he does testify to see Dusek contradict his own attitude toward Haskell for examining Faulkner's work.

It seems like Goff will have even less independent areas from which to draw.

1,351 posted on 07/23/2002 4:58:24 PM PDT by Southflanknorthpawsis
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Comment #1,353 Removed by Moderator

To: Southflanknorthpawsis
It really bothers me that Dusek hired Faulkner and even had him attend the autopsy but then disregarded his opinion. The DA didn't have any doubts at this point? Maybe he didn't get the report til he was too far into the case?
1,354 posted on 07/23/2002 5:00:56 PM PDT by Jrabbit
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To: UCANSEE2
Are you aware that the DEFENSE wanted to go to the VAN DAM home to do their own SEARCH, their own TESTS?

Did they get the oppurtuntity to state their reqeust to a judge ? Was the judge corrupt ?

I see no law restricting the defense lawyer from interviewing neighbors and using a subpoena.

Can you speculate why they didn't ? If this were you being accused would you allow your lawyer to not seek oput some kid that was in the RV or some parent that saw them ? The only reason I see that you don't is because you know the answer beforehand.

1,355 posted on 07/23/2002 5:00:57 PM PDT by VRWC_minion
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To: TamiPie
Why? There was no testimony about it.
1,356 posted on 07/23/2002 5:01:36 PM PDT by John Jamieson
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To: VRWC_minion
The only wuestion I noticed was why bug guy used temp & humidity from Brown Field (Otay Mesa)vs. Gillespie Field(El Ccajon) he went with similar altitudes. There is not a significant difference IMO between the two. Brown field is a little closer to the ocean thus usuall slight les extremes, not as hot or as cool, but I believe the difference is minimal.
1,357 posted on 07/23/2002 5:02:44 PM PDT by rolling_stone
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To: VRWC_minion
I'm speculating. My guess so far is that he will show why the process was slower in this case based on the weather conditions.

Actually all of the conditions that you infer, and Falkner considered all of them in his testimony and only changed the date at the DA's insistance due to the 4th sigma probability, would support a date after the 16th, not earlier. The conditions would speed up the life cycle, not retard it. We had a very mild February, more like Spring than Winter, and while it is technically a desert, it is a costal desert so forget the sand dunes you have in your mind and think more along the lines of a scrub brush area with lots of wildlife.

1,358 posted on 07/23/2002 5:03:05 PM PDT by Dave_in_Upland
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To: basscleff
Nah, Rosie.
1,359 posted on 07/23/2002 5:03:17 PM PDT by John Jamieson
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To: VRWC_minion
I live in San Diego County about a mile from the ocean. We don't get much rainfall just like the rest of So Cal. This is not considered a desert. I don't care what your definition states.

I have friends all over the county (El Cajon, La Mesa, Santee and so on). None of them think they live in the desert either.

1,360 posted on 07/23/2002 5:04:17 PM PDT by Southflanknorthpawsis
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