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.

[the-gooroo]

That's why I think the defense has a great issue for an appeal. The judge knows DW is not charged with rape or any sexual assault due to no evidence, but allows all the pornography evidence to come in. So many of the talking heads are flappin' their jaws about DW kidnapping, RAPING and murdering this child. Very frustrating.

[UCANSEE2]

NOt quickly. I was just reading this last week, the ME conducted some 'standard' toxicology tests on Danielle for drugs or poison.

[Jrabbit]

Exactly! I had forgot about that. I wonder if the rumor about Feldman bringing in Cyril Wecht is true?

[UCANSEE2]

NOt quickly. I was just reading this last week, the ME conducted some 'standard' toxicology tests on Danielle for drugs or poison.

TRY HERE, 1st or 2nd day.

PRELIM HEARING

[crypt2k]

Bookmarked for later study. Thanks.

[UCANSEE2]

They should examine that fridge.

I SAID there is no proof (I know of) that there was a FRIDG. It came up in DUSEK's Questioning. Unless a fireman or witness testifies they saw one, or pictures of the Dehesa Rd site SHOW ONE, it is a moot point.

Let's not get carried away on something that may have no basis in fact.

Anyone that can prove this is a fact, SPEAK UP.

[mommya]

Fridges......Oh yeah - there were fridges.....From the testimony of Chris Morgan - the searcher to find her body.....

CROSS-EXAMINATION

BY MR. BOYCE:

Q: I BELIEVE WHEN YOU WERE JUST ANSWERING SOME OF THE QUESTIONS, AS YOU -- JUST BEFORE YOU FOUND THE BODY OR AS YOU FOUND THE BODY, YOU SAW SOME CLOTHING OR SOME OTHER ITEMS NEARBY.

A: THERE WAS JUNK STREWN ALL AROUND. I DON'T KNOW ABOUT CLOTHING.

Q: YOU DIDN'T GO THROUGH ALL THE JUNK I TAKE IT THAT WAS IN THAT AREA.

A: WE LIFTED SOME. THERE WERE SOME OLD MATTRESSES, OLD REFRIGERATORS. WE MOVED BIG OBJECTS AROUND TO SEE IF ANYTHING WAS UNDER IT, YES.

Q: WAS THAT BEFORE OR AFTER YOU FOUND THE BODY?

A: BEFORE. AFTER WE FOUND THE BODY WE STOPPED LOOKING.

The fridges were referenced by Dusk later on in the trial too.

[Jrabbit]

WOW!!! You are using logic. How refreshing. Like a cold drink on a hot,dry day in the desert. But the blowflies are such a bother. Better not stay in one place too long!

[pyx]

Amongst other things you forgot to ask them to explain the part about DAW sprinkling "fairy dust" over everything inside the motorhome to preserve its magical aire and the black hair (not DAW's) found under Danielle's body.

[mommya]

see my post 1387

[mommya]

sorry crystalk - should've said crypt2k see post 1387

[the-gooroo]

Great post. Also, why would he take her home and wait until the next day to deal with Danielle, alive or dead? How did he know they wouldn't discover her missing in the middle of the night? It just doesn't make any sense.

[RnMomof7]

Kim to Fresno

[SOMEONE ELSE ALREADY DID]

And may I ask HOW you know that? Do you have some "inside" information that the rest of us regulars do not have?

[UCANSEE2]

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

YES they did.

Was the judge corrupt ?

That would be an opinion call, he refused it.

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

Just common sense. Hostile witnesses who won't say what you suspect is the truth, but can't prove they are lying, are a waste of time. If you ask and they deny, why bother with the subpoena. A subpoena is only good if they have admitted the statement to you but do not want to testify.

Can you speculate why they didn't ?

Don't have to. The VAN DAMS said they didn't want THE EVIL KILLER or any of his INVESTIGATORS in their HOUSE. BOOM, judge says NO.

How convenient for the HIGH LYING VAN DAMS.

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 ?

IF I was in JAIL, and my lawyer got told NO, don't see how I could do much about it, DO YOU ?

The only reason I see that you don't is because you know the answer beforehand.

You have come to the conclusion you planned to before I answered you

[connectthedots]

What about the cadaver sniffing dog that alerted his trainer about Westie's RV storage compartment? I know he waited too long to say anything or something like that to LE. Would a dog lie about that?

The dog may not lie, but the owner would to make himself look good to his friends; after DW was arrested!

[crypt2k]

I wonder who was in the habit of dumping stuff there.
Did DW have a list of "potential body dumping sites" in
mind, and was able to find this once easily at night?

[Mrs.Liberty]

El Cajon is not the desert and this whole talk of desert is very misleading to people that don't live around here

I know, South...I typed a few more replies after my first one regarding SD COunty NOT being a desert, but each time, I thought..what is the use....and never posted/

[UCANSEE2]

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....Thanks Cyn....

[UCANSEE2]

OK. FRIDGES WERE THERE. Time for theories to RUN RAMPANT now.

This has officially been termed a RUNAWAY THREAD!

[Southflanknorthpawsis]

what is the use

I know what you mean. I guess some will believe us and some won't.

Those of us who live in the area know the truth and we will just have to be happy with that, I guess.