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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: UCANSEE2
And thank you for your reply.
1,621 posted on 07/24/2002 11:51:41 AM PDT by Hildy
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To: UCANSEE2
And thank you for your reply.
1,622 posted on 07/24/2002 11:51:45 AM PDT by Hildy
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To: TamiPie
How the heck can you even THINK about buying a car when your daughter is missing/murdered?

Try this one. At the end of a lease, you must do something, or be without wheels. Just turn it in, and go without. Turn it in, and start a new lease. One option is to extend the lease.

The point I make is anybody bringing up the vehicle thing, doesn't know which of these options might be involved. Therefore, it is just more idle speculation, but deals with partial information, at best.

1,623 posted on 07/24/2002 12:28:14 PM PDT by truth_seeker
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To: truth_seeker
Oh, so they leased their cars and not bought them? Then they're not as well off as I thought they were...
1,624 posted on 07/24/2002 1:08:07 PM PDT by TamiPie
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To: agarrett
But then, that's why we don't put probability evidence in a courtroom, and why it's not taken too seriously on these boards.

First, I concede you are smarter about math and statistics and probability, than I am. Second, let me agree that the complexity is why it isn't in courtrooms.

My point is this: People do it, very generally, when they arrive at their own conclusions.

For some folks, it is very much like a probability calculation, eg. based on an assesment of facts, chances, etc.

For others, they skip most of the facts and probabilities, and go with emotion, intuition. Each type of juror gets a vote, so the prosecution and defense are wise to play the case to each type of juror.

1,625 posted on 07/24/2002 1:19:32 PM PDT by truth_seeker
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To: rolling_stone
A desert is defined as an area that receives less than 10 inches of precipitation per year. Deserts are classified by their dryness or aridity.

Semi-arid (least dry), arid (dry), and hyper-arid (driest)

I believe the Dehesa area would be considered desert.

1,626 posted on 07/24/2002 2:54:29 PM PDT by homeschool mama
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To: VRWC_minion
You must of missed the original question. Why aren't the neighbors asked ?

You missed the answer. I gave it. Maybe you haven't caught up. This thread was running so fast I am surprised anyone can keep up.

1,627 posted on 07/24/2002 3:22:19 PM PDT by UCANSEE2
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To: VRWC_minion
BTW, your conclusions that I have just read, from reply 1601 to here , ARE VALID and REASONABLE.

I can understand your point of view based on them.

If you look at that evidence, and that alone, you can come to that conclusion.

There also has not been any proof we know of that kids other than Danielle L and some other girlfriend were ever in the MH.

I know I and others seem just as hard-headed to you as you seem to me(us).

You are right, we are right. Nobody wins.

The reason it is hard to accept your conclusion is that we are including all the other info and evidence. I believe you are excluding all other info. Is this right, or am I off base?

Were there just ONE major factor different in this case, all of the posters on this thread might possibly agree with you.

1,628 posted on 07/24/2002 3:29:27 PM PDT by UCANSEE2
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To: UCANSEE2
I believe you are excluding all other info. Is this right, or am I off base?

I am excluding all of the other speculation and requests to prove negatives. If there is other positive evidence I would like to hear it.

1,629 posted on 07/24/2002 3:44:35 PM PDT by VRWC_minion
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To: VRWC_minion
If there is other positive evidence I would like to hear it.

The opinion of the forensic entomologists that the body was placed there approx. Feb. 12th -16th.

Two experts testified to this.

The first one was chosen/trusted and paid by the prosecution and still stated this. Yet you choose to ignore this testimony, because it doesn't fit with what you believe. CORRECT?

You want to wait for a THIRD expert, because you believe he (without having examined anything yet) will give the ANSWER YOU WANT TO HEAR.

Your statements have made it very obvious this is what you are waiting for.

BTW. You stated that Accounting and Statistics and Probability were exact sciences and BUG EXPERTS were JUNK SCIENCE.

Yet you are willing to trust the one bug expert. Isn't that a contradiction?

The bug experts are using Probability and Statistics to determine their conclusions. So, Probability and Statistics are junk science, RIGHT?

ALSO, I can prove to you that Probability and Statistics do not prove anything valid about your conclusions about the hair, the prints, the DNA in the MH.

1,630 posted on 07/24/2002 4:38:02 PM PDT by UCANSEE2
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To: UCANSEE2
You want to wait for a THIRD expert, because you believe he (without having examined anything yet) will give the ANSWER YOU WANT TO HEAR.

Two separate issues. I am merely attempting to deduce what the prosecutor is up to with a third bug guy. Without getting redundant you can read my several post to follow what I believe will happen.

As to what I want to hear ? Ok, I want to hear a scientifcally sound reason why the original bug guys are wrong and the new bug guy is right. If Goff just attempts to pick apart the other guys work with losts of maybes and could be's I would think the whole excersise is a waste of time.

I must say though that most people who have challenged what my expectations are about what is likely to happen in court seem to me that they would not be able to accept any information that contradicts the original bug guys even if its sound and logical.

1,631 posted on 07/24/2002 5:27:01 PM PDT by VRWC_minion
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To: UCANSEE2
BTW. You stated that Accounting and Statistics and Probability were exact sciences and BUG EXPERTS were JUNK SCIENCE

You misread what I wrote.

1,632 posted on 07/24/2002 5:29:19 PM PDT by VRWC_minion
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To: homeschool mama
http://library.thinkquest.org/26634/desert/intro.htm

http://www.worldclimate.com/worldclimate/cgi-bin/grid.pl?gr=N33W117

I understand what you are saying, and agree sometimes San Diego is called a desert, rainfall is close to 10 inches, Poway & Escondido around 12 inches, but many characteristics do not exist, thus my calling it not a "true desert". Areas such as Las Vegas and Phoenix once vaste wastelands have become cooler and more temperate by irrigation, and transplanted plants, swimming pools etc. Areas of So Cal are the same and should the imported water stop, they would return to their former selves.
1,633 posted on 07/24/2002 6:31:10 PM PDT by rolling_stone
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To: VRWC_minion
I must say though that most people who have challenged what my expectations are about what is likely to happen in court seem to me that they would not be able to accept any information that contradicts the original bug guys even if its sound and logical.

Maybe for some who argued with you it is true.

You also seem to not want to accept other's conclusions that if 2 experts say POSITIVE, and 1 says NEGATIVE, that the positives win. I.E. Majority Rules. You seem to be trying to get others to accept that the exception to an agreement wins. Maybe that is why they don't want to accept it.

I still would like to remark on your willingness to at least defend your remarks using logic and being honest about what are opinion. It is very hard to keep from being upset when it seems like one against many.

I read your posts, all of them. I read EVERYONES POSTS EVERY DAY on these threads. I understand what you think will or may happen if GOFF testifies. AS JJ said, we will have to see.

Also, though many have tried, I don't think we can predict what the jury will DO, any more than you can predict that the HAIR,PRINT,DNA spots in the MH are POSITIVE proof of anything except that Danielle was in the MH at SOMETIME.

Ok, I want to hear a scientifcally sound reason why the original bug guys are wrong and the new bug guy is right.

If GOFF testifies, I think everyone on this thread EXPECTS THE SAME INFO.

1,634 posted on 07/24/2002 9:37:41 PM PDT by UCANSEE2
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To: VRWC_minion
BTW. You stated that Accounting and Statistics and Probability were exact sciences and BUG EXPERTS were JUNK SCIENCE

You misread what I wrote.

I probably did, so let's forget about that comment. It is not important to the case. Please accept my apology.

1,635 posted on 07/24/2002 9:39:25 PM PDT by UCANSEE2
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