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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: Poohbah
But you gotta love a country where the attorney is allowed to lie to the jury

Attorneys are NOT allowed to lie to the jury, the judge, or to anyone. Attorneys can be (and are) subject to discipline for this behavior. But the jury is not allowed to consider the attorneys in their evaluation of the case. Are you not listening to what I've been explaining?

201 posted on 07/22/2002 5:06:07 PM PDT by Henrietta
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To: Rheo
I have no idea. I have not been following the trial except for every now and then. Like I have posted before it has been so dry here that insects would be in a race against the body mummifying first. I put more weight in the forensic evidence and some of Westerfields actions. I am just glad she was not anyone I knew and that I am not on the jury. If the prosecution can prove beyond a reasonable doubt fine, if not then that is just the way it is.
202 posted on 07/22/2002 5:07:24 PM PDT by willyone
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To: Hildy
We're all watching the same thing, aren't we? I believe this guy is guiltier then hell and if I were on the jury, that's how I would vote.

So you have condemned Westerfield BEFORE all evidence has been brought forward? You should never make a judgement based on feelings alone.

If Westerfield is guilty, he should fry - but if per chance he is innocent, should he still fry in order to make us all feel better knowing that someone is going to pay for this crime?
I have not yet been convinced by the defense that the man is guilty. I have spots of all sorts of DNA from my children and their friends - God forbid that any thing bad happen to them!

203 posted on 07/22/2002 5:07:39 PM PDT by CAPPSMADNESS
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To: willyone
For some reason those that find the parents conduct appalling want to see Westerfield acquited to punish the parents. Odd outlook.

I find the parents conduct appalling. I want to see DW acquitted because he didn't kill Danielle. I don't give a rip about the parents or whether they are "punished."

204 posted on 07/22/2002 5:07:57 PM PDT by Henrietta
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To: Henrietta
Considering human nature.....how often do juries react negatively to defense attorneys? Do trial consultants have data on that?
205 posted on 07/22/2002 5:08:16 PM PDT by Freedom2specul8
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To: VRWC_minion
You wrote:

Not arguing that. Apparently some want to take this experts opinion and put it on the same level as DNA testing. I don't think that its that exact and if its not that exact one could arive at different conclusions using the same data and still be considered to be giving a valid opinion.

When the other evidence strongly suggests that Danielle was in the MH and their is no reasonable explanation (I don't buy the snuck in to play one for several reasons) and that Danielle has fibers on her that belong to Westerfield, I think the experts testimony contradicts facts and his opinion must be wrong.

While it is true that the level of sophisticated measures for bugs isn't upto the level of DNA, you CAN note the lifespan of those bugs, note the signs of successive generations, and note the signs on the dead body. The lifespan and habits of these bugs can be readily reproduced in a lab and can be observed in the wild. Even assuming these guys are off 50% stills makes it difficult for the prosecution.

Also, as far as the evidence in the MH goes - we know that Brenda and Damon weren't always checking on the kids. An open motor home would be an inviting place to check out for elementary school kids.

IMHO, that is.

FRegards,
PrairieDawg

206 posted on 07/22/2002 5:08:33 PM PDT by PrairieDawg
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To: ~Kim4VRWC's~
Just being a smartass. nothing really meant by it.
207 posted on 07/22/2002 5:08:59 PM PDT by willyone
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To: CAPPSMADNESS
Yes, I have as I did with OJ.
208 posted on 07/22/2002 5:09:16 PM PDT by Hildy
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To: FresnoDA
THREAD BANG

LOL!

209 posted on 07/22/2002 5:09:27 PM PDT by CAPPSMADNESS
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To: Henrietta
That is ok. I spend most of my time walking around talking to myself.:)
210 posted on 07/22/2002 5:10:29 PM PDT by willyone
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To: Henrietta
In your best observation techniques, how many times times have you witnessed people defending the van dam's disgusting extra-curricular activities on these threads? (NOTE: fres is waiting for your answer too)
211 posted on 07/22/2002 5:10:47 PM PDT by Freedom2specul8
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To: willyone
Anyone who thinks they can get that close to a time of death by insect castings alone is full of it.

So, you are an entomologist ? An expert? You have spent years studying the life cycles of these particular insects and their invasion of a host for reproductive purpose ?

Unless of course the OJ jury has been reincarnated.

Funny how everyone that gets on these threads and hasn't "SEEMED" to have spent enough time to be informed of all the evidence, all the testimony, KEEPS REFERRING to the OJ CASE. Like that proves something by them using those words.

Just this a-holes actions that weekend are weird enough to point to him.

Do you have some specific facts you wish to refer to that have not been covered in testimony where it was determined that this those actions were normal and reasonable?

I understand your opinion, and that you believe he is guilty. Do you think he should be allowed to have a trial? That he should be allowed to finish it before a jury convicts him ?

Just wondering .

212 posted on 07/22/2002 5:11:16 PM PDT by UCANSEE2
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To: All
Funny how minds work, stubborn, shallow, and not very subjective! We have the DNA of Daniel on his jacket,
one drop in the motor home, one hair in the sink drain
and all kinds of mysterious fibers we do not know from
where! What troubles me at this point, is the amount!
IF she was in the Motor Home for an extendend time then there should be a great amount of evidence! We know from testimony that the Motor Home was NOT cleaned, either was the compartment that Ducsek related to, where, common sense
will tell you that it should of been full of evidence!
I had the experience to find a dead body, about 28 hours after death, and I can tell you, if the body was in that compartment, you wouldn't have missed it in digging him out of the sand. Westerfield may be guilty, BUT, the procecusion strayed up the wrong tree! THIS is a POLITICAL decision by the DA to make him FRONT PAGE, unfortunately it has backfired, even the most fanatical participants will have to admit!
213 posted on 07/22/2002 5:11:21 PM PDT by Rattlins
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To: willyone
I have not been following the trial except for every now and then.

I'm really confused now...how can you be so convinced that DW is guilty if you haven't followed the trial?

You have read the transcripts, right?

214 posted on 07/22/2002 5:12:00 PM PDT by Rheo
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To: willyone
It's funny that you say that about the bug guys. The first bug guy, David Faulkner, in addition to originally being prosecution's gun for hire, has been used by the DA's office in about 200 cases.
215 posted on 07/22/2002 5:12:07 PM PDT by Jaded
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To: willyone
Trust me, I'm not no the defense team...and wouldn't not want to be either.
216 posted on 07/22/2002 5:12:36 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
You must admit that taking off early today AND all day tomorrow (after having 11 days off) is stranger than leaving a hose unrolled in your yard.

I suspect some "similarities" with the Samantha case.

217 posted on 07/22/2002 5:12:39 PM PDT by demsux
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To: ~Kim4VRWC's~
Probably. They have data on everything.
218 posted on 07/22/2002 5:13:10 PM PDT by Henrietta
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To: Henrietta
Attorneys can be (and are) subject to discipline for this behavior.

Yeah, sure thing, sweetie (wink wink nudge nudge).

But the jury is not allowed to consider the attorneys in their evaluation of the case.

If either attorney has been caught lying, then that behavior should be open for jury consideration, because that raises the question of "and what ELSE are they lying about? How did they hire the expert witnesses, what evidence are they hiding, how are they shading the testimony?"

But some folks think that this is a good thing and should be as zealously punished as it currently is (wink wink nudge nudge chuckle chuckle).

Are you not listening to what I've been explaining?

Forgive me for saying this, but you sound like you've drunk too much of the legal system Kool-Aid to realize what you've said.

219 posted on 07/22/2002 5:13:18 PM PDT by Poohbah
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To: VRWC_minion; Poohbah
Well, God Bless America! Attorneys are allowed to lie

That, like everything else stated so far by Poohbah that I can see, is just his opinion.

220 posted on 07/22/2002 5:13:57 PM PDT by UCANSEE2
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