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.

[TamiPie]

Then maybe nothing was found worth testifying over.

[rolling_stone]

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

They can interview if people care to be interivewed, if they use a subpoena, people don't have to talk to them till they show up in court and who knows what they will say..it is tricky business and requires some finesse especially in such a horrific crime that involves neighbors you might have to live next to for years.

[Southflanknorthpawsis]

It really bothers me that Dusek hired Faulkner and even had him attend the autopsy but then disregarded his opinion

It tells me a lot. Obviously, Dusek respected his work but didn't like his results.

It also says a lot for the honesty and integrity of David Faulkner. That would weigh heavily in the defense favor if I were a juror.

[UCANSEE2]

You just got alot of neat donations and a big insurance check?

And your very best friend, the one that was supposed to meet your WIFE at DAD's that evening to have sex with her because his wife was out of the way (I mean out of town), is in CONTROL OF ALL OF THE DONATION FUNDS.

He has told everyone that this case, which drew NATIONAL ATTENTION for at the very LEAST a MONTH, only brought in a measly $14,000 . No reason to have anyone else check his facts ,figures, is there ?

No reason to have him testify , even though his whereabouts are unaccounted for.

Just because he was SUPPOSED to be at DAD's and wasn't, just because his story doesn't match, Just because Danielle would trust him implicitly, just because PROSECUTION has decided NOT TO CALL HIM TO THE STAND as they said they would, like BARB, nope, no reason to doubt that man.

[bolthead]

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.

Interesting response. Back in Post 225 you were calculating the probability of a fingerprint, a hair and a drop of blood all being in a motorhome. Now you're saying you can't calculate the mileage of that motorhome?

[Jaded]

Apparently they did not find the evidence they were looking for so they returned it with the thought he would lead LE to Danielle.

The finger prints weren't identified until March.

The problem with that is where is the evidence in the RV? There should be more. The dogs did not hit on the RV. Had she been in the RV the dogs would have gone nuts.

[nycgal]

Ahhh Courtney... now there is a piece of work. I can see it.

...and Keanu Reeves as the Demon.

[Jaded]

Thanks for sharing, bye, have a nice day.

[Doc Savage]

I see this idiotic post over and over in various mutated forms. DW has entered the VD residence, abducted DVD,and killed her (only God, Greg Weston, Kim, and cyncooper know why.)

I'm DW. I'm a killer. I've got a dead body. I'm also a fairly smart, well educated individual who knows that if the police ever find the body that they then have a crime scene and can theoretically generate evidence against me if I am caught.

Silly me. I'm just so morose about having killed DVD that I just can't stomach the thought of her sweet innocent parents not being able to provide a good Christian burial, so I decide to dump the body where it will surely be found, and surely implicate me if caught.

I know this, but I do it anyway.

Now Kimchee and her ilk would have us believe that DW was so demented, so devious, so sick that he wanted to "pose" the body, to dare the police to try and find him, to leave his calling card in a brazen act of bravado.

There is no percentage in dropping the body off in plain view to be found. It's stupid. And DW is not a stupid man. He may be a fiftieish guy wishing he was 25 again with the ladies, but he is not a STUPID man!

What was to be gained by dumping the body??????????? Why not immolate it?? Why not dig a hole so deep that no animal could possibly dig her up????? Why not cut up her body and dispose of it in the ocean, or scatter it over a wide area of desert????? The goal here is to MAKE THE BODY DISAPPEAR FOREVER, not to hand the police a ready made case against you!!!!!!!!!!!!!!!

I can think of only two sets of individuals who would theoretically "gain" by having the body discovered. The first would be an individual such as an "Avila" who would brazenly taunt the police by posing SR. He may well have killed before and is practiced in the art, or is pyschotic and a product of his supposedly "molested" childhood. But you can hardly draw a valid comparison of him to a person like DW.

The second would be the VD's who would "retrieve" the body of their daughter for burial and provide proof positive of her death re: any insurance claim.

However, I sure that all you brilliant VD apologists are more than eager to explain to me why DW didn't "properly" dispose of the body.............Let's see, he was attempting to mimic scenes of child pornography similar to the "horrific" tableaus on his hard drive............or just for the hell of it??????????........to get back at BVD for not dancing with him?????????????. Ok, shoot. We can hardly wait for your first salvo of mental gymnastics!

Doc Savage

[rolling_stone]

touche..dont forget the jacket, must be real sentimental about saving it..

[Jaded]

It apparently wasn't in LE reports. But it was in a secret e-mail to 3 people he sent after DW was arrested.

Stealth Ninja Dave

[Jaded]

Must be some herculean wildlife in Southern California.

[UCANSEE2]

TamiPie, I see you just joined FREE REPUBLIC recently.

Welcome to FREE REPUBLIC and WELCOME to the Westerfield/Daneille discussion threads!

What about the cadaver sniffing dog that alerted his trainer about Westie's RV storage compartment?

When the testimony on this was all done, the trainer for the dog's was found not to be very well trained himself, he led the dog's around on a leash (not supposed to do that), He kept taking them back to the same areas, attempting to get them to do what is known as 'HIT'.

These type of dogs are VERY INTELLIGENT (apparently more than the trainer) and get easily bored. If forced, they will do something they knows will get the trainer to QUIT BORING them. Like 'HIT' just to make the trainer happy. (Trainer NOT SUPPOSED TO DO THIS EITHER). He kept taking them back INSIDE the MH and they weren't interested. He kept taking them around the MH and they weren't interested. Finally (in desperation,IMHO) the cadaver dog hit on a SHOVEL.

The trainer said he didn't tell the LE officer in charge, 'cause he thought the LE noticed. So, weeks later (after DW had been arrested) he sent an email (which he does not have any copy of to show the court, so no proof there) to the owner of the dog and told him the dog HIT on the MH, because he was so proud and wanted the owner to know.) The owner didn't testify in court, no email, only this guy's word that the dog hit, but he didn't really tell anyone

The police officer testified no one ever told him the dog hit.

know he waited too long to say anything or something like that to LE.

Explained that I think.

Would a dog lie about that?

Already explained. Think about this. You have a dog. You say SIT, and he doesn't. You say SIT, and he doesn't. You keep pushing his butt down and saying SIT. Sooner or later he will do it to make you happy (to get you to quit pushing on his butt).

Most dogs are intelligent. They know what you want, it just depends on whether they want to.

Hold a dog cookie up and say SIT, BOOM. That dog sits. Try it without the cookie. Hmmmmmmm.....

These dogs used for search and cadaver discovery are HIGHLY INTELLIGENT DOGS. Would they do whatever it took to get an idiot trainer to quit forcing them back in the MH and back to the sides when they obviously haven't found anything. YES.

[Jaded]

That's true enough, but Dusek is still saying it's motive.

[UCANSEE2]

Yes, Sunday afternoon into evening and going home again is where his story really breaks down. He would have to be in the MH.

OK, so where was Danielle from Friday night until Sunday afternoon?

[UCANSEE2]

Ask cyncooper, She had a good grasp of what went on in court with the Judge and the ATTY's today.

[Jaded]

Remember the ME? He stated the time of death could have been anywhere in a 6 week period. I think he probably could have narrowed it some, but it wouldn't have been what Dusek wanted.

[Jaded]

LOL. Couldn't bear to part with the comforters either.

[cyncooper]

The prosecution let the defense read their proposed witness list, but it was not discussed in open court. So I don't have any idea what either side has planned....

[UCANSEE2]

Here is an example: I am shown a movie of murder in process. Someone shoots another. I have been given evidence that a murder took place. Unless I am given some alternate explanation of the movie then I am only left with my original conclusion.

BANG, oh you just shot yourself in the other foot.

You can't see what you just said, can you? You don't see the contradiction to you statements of how fair you are being? Maybe logic just isn't your field. I am not trying to be personal, please, I just think you can't see how your statement proves what others are saying to you.