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.

[Jaded]

Har! Feldman made a statement so Prosecution would be forced to admit the exact number of pics and what percentage of it was questionable. The number the DA had been tossing around since Feb was 67,000 pics. We now know that was one huge lie LE and their media shills kept pushing off on the unsuspecting.

[VRWC_minion]

Thankfully, science is a great deal different than the profession of accounting

As a CPA that has served as an expert witness. Accounting isn't a great deal differenmt than what this bug guy is doing. In fact they are very similar.

[Yeti]

And what if a child killer is already on the streets, all because the SDPD arrested the wrong guy?

For all we know, Samantha died because of SDPD's mishandling of this case!

[Poohbah]

Welcome to the real world. You only take an oath when you give testimony or an affadavit.

IIRC, officers of the court are considered to be "under oath" at all times in the courtroom, therefore they aren't explicitly sworn.

But you gotta love a country where the attorney is allowed to lie to the jury--and then people woner why the justice system is hosed.

[VRWC_minion]

You are using terms I don;t understand. Do you deny that Danielle was in the RV also ?

[willyone]

As you know Poohbah it has been so dry in San Diego that the body mummified rather than being a good home for insects. And it was quite cool for here which also slows them down. I would not give these insect findings a whole lot of weight. For some reason those that find the parents conduct appalling want to see Westerfield acquited to punish the parents. Odd outlook.

[Spunky]

I recall the entomologist testifying he thought the body had been moved 30-40 -50 feet from where it was found..anyone else catch that amd in which direction?

It was pretty well determined the body hadn't been moved. Feldman had a dectective on after the entomologist and asked him if the greasy trail smear could have been a foot or hand. He said, No! He said the greasy path was more the size entrails would make. Feldman then asked him if it could have been the whole body. The answer was, No!The greasy trail smear was not big enough for a whole body.

The direction of the greasy trail smear was parallel to the body. Not from the body.

Sounds to me like an animal had got the kidney, liver, etc, then dropped it at some point and then drug it for a ways.

[FresnoDA]

Well Fresno, I hope you're happy when a child killer hits the streets.

Why? Did I miss something...Did Alejandro Avila...trip going into court today...and bust his lower lip open???

Rats...I missed it....

Well, at least he is suffering....

(I presume that is the Child Killer you are talking about???)

[VRWC_minion]

IF Danielle would have been in the MH between 02/01/02 and 02/03/02, the dogs should have detected that. They didn't

This was part of testimony ? An expert opined this ? What exactly did he say because I am surprised anyone would claim to prove a negative.

[It's me]

I am listening to the Rick Roberts broadcast for the first time as my Sandiegochannel link didn't work anymore. His reporter in the courtoom (River?) is saying (during the afternoon break) the witness is a big bust and has lost his credibility.

---

I can't listen to Roberts anymore. He is so condescending towards anyone who does not agree with him (Westerfield being guilty) and if the person tries to reason and show proof, Rick Roberts actually gets angry with the caller!!

[willyone]

All opinion. What is being discussed is not an exact science. It is not quite the same as half life of an isotope. You could go out and find ten more experts whose opinions would be quite different.

[Jaded]

The questions was not if she was in the RV but rather when she was in the RV.

[It's me]

I agree. The witness does not come off as an "expert" witness ought to, IMO.

---

I totally disagree with you. I thought he was very knowledgeable and explained everything patiently and thoroughly.

[Rheo]

Two have already testified to almost the same thing...IIRC, there are only 9 experts in this field.

The prosecution originally hired Faulkner but the defense called him.

How many people do you suppose are going to get out of jail now because the bug guys are not credible?

[FresnoDA]

This was part of testimony ? An expert opined this ? What exactly did he say because I am surprised anyone would claim to prove a negative.

Attn: VD Thread followers...we are in need of volunteers, who have read the numerous transcripts..and are willing to bring this "NEWBIE" up to speed....

Any volunteers???

No?

OK then....time for you alone to read up...or move along.....

[willyone]

And fingerprints. Some of you act like you are personally involved in this. Why? Are you friends of Westerfield? Maybe you are related to the OJ jurors.

[CAPPSMADNESS]

Was your reply meant for me? or for Hildy? She is the poster that I quoted. I was defending that fact that Westerfield is supposed to be INNOCENT until PROVEN guilty

[Freedom2specul8]

Rick roberts has been an annoying creep ever since he spewed the leaked info from the higher LE sdpd official.