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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: Rheo
How do you explain the other blonde hairs in the sink drain that were not Danielle's?

Why is there a need to explain it ? The only relevant hairs are Danielles ?

241 posted on 07/22/2002 5:28:46 PM PDT by VRWC_minion
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To: VRWC_minion
If so, how do you explain the physical evidence in the RV and on Danielle ?

If, in fact, DW didn't dispose of the body, that would mean someone else did (unless you believe she wandered off into the desert and died). Now, one theory would be that the person who dumped the body was DW's confederate in crime. But, I think a simpler and more likely assumption would be that the someone is the real killer, and the physical evidence has other explanations (e.g., an attempted frameup).

By the way, I seem to recall one of the victim's parents' circle of decadent friends is a retired detective and thus wise in the ways of murder investigations (not to suggest anything, of course).

242 posted on 07/22/2002 5:29:56 PM PDT by cynwoody
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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.

Can you justify that remark?

As far as I can tell, most people on these threads want DW to be convicted, if a JURY finds him GUILTY BEYOND A REASONABLE DOUBT. IF not, they want the killer found , no matter who it is and that person TRIED. Then , the same thing for that person.

They also want the killer of Samantha to face trial and justice.

I guess the statement by you is your opinion, but I would remind you it came out of your head, not from anyone else.

243 posted on 07/22/2002 5:30:13 PM PDT by UCANSEE2
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To: UCANSEE2
The 'blood' and hair evidence are no proof at all

My wife would tend to disagree. So in order to support your belief you must argue the evidence doesn't exist ? Can you do better ?

244 posted on 07/22/2002 5:30:46 PM PDT by VRWC_minion
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To: VRWC_minion
"Danielle has fibers on her that belong to Westerfield"

I love it when someone finds a piece of testimony that I missed. Thank you so much. Please cite the person that gave that tesimony.
245 posted on 07/22/2002 5:31:08 PM PDT by John Jamieson
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To: VRWC_minion
You stated

The presence of the hair in the trap. The likelihood that a hair would have shed, plus found its way in the drain, plus got caught and not washed down is slim to none in my opinion.

Someone elses hair was shed and caught and not washed down, why is it hard to believe hers wasn't?

246 posted on 07/22/2002 5:31:33 PM PDT by Rheo
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To: Rheo
Wow. Somebody else MAKING up statistics. Aren't we impressed??? (eyes rolling)
247 posted on 07/22/2002 5:32:16 PM PDT by Politicalmom
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To: ~Kim4VRWC's~
So, when is Westerfield himself going to take the stand and defend himself? I know he doesn't have to, but if I was innocent I would be on the stand implicating the parents.
248 posted on 07/22/2002 5:32:20 PM PDT by wimpycat
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To: cynwoody
If, in fact, DW didn't dispose of the body, that would mean someone else did

Assuming that someone else did dispose of body would that make DW innocent or an accessory ?

249 posted on 07/22/2002 5:33:36 PM PDT by VRWC_minion
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To: UCANSEE2; Mrs.Liberty; Poohbah
The point about the Rick Roberts Show in-court reporter "Little River" (as he calls her) is that she has a front row seat and is able to watch the second by second JUROR REACTION to what is said between the lawyers and witnesses.

She is saying that the JUROR REACTION to the bug witnesses was very skeptical.

Unless you are a blowfly on the courtroom wall, you have not seen even one JUROR REACTION, have you?

250 posted on 07/22/2002 5:34:08 PM PDT by Travis McGee
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To: CAPPSMADNESS
However, the glove did not fit...reasonable doubt ...
251 posted on 07/22/2002 5:34:32 PM PDT by Hildy
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To: VRWC_minion
Because we have two of them in basic agreement, one paid for by the prosecution and one paid for by the defense?
252 posted on 07/22/2002 5:35:03 PM PDT by John Jamieson
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To: UCANSEE2
You have to remember, no matter how bad you thought feldman trashed the dog handler, the dog handler's supervisor was put in front of the jury and confirmed the hit that the police relied on. And the defense's counter point (detective) wasn proven incorrect as well.

Quoting from myself:

"There was a reaction at the MH and defense has not denied that danielle was in the MH..so does it even matter? "After his testimony, the prosecution called Frazee's supervisor, Rosemary Redditt, a retired teacher and also a volunteer canine searcher. She said she was at the impound lot with Frazee and his dog Feb. 6. She said she witnessed the dog react to the storage compartment of the vehicle. She said the dog "turned around real fast," sat, looked at Frazee and barked. "

naturally, the defense attacked the credibility. "The defense has suggested that 7-year-old Danielle van Dam, who lived two doors away, might have sneaked into the motor home at some point while playing in the neighborhood, which might explain how the girl's blood, hair and fingerprints were found inside the vehicle. "

"Detective James Tomsovic, who testified earlier as a prosecution witness, said yesterday that he was at the police impound lot Feb. 6 and didn't see the dog react to the motor home. In a report, Tomsovic said the dog showed no reaction. Under cross-examination by prosecutor Jeff Dusek, Tomsovic acknowledged he arrived at the lot after Frazee and might have missed the dog's reaction. " "

253 posted on 07/22/2002 5:35:09 PM PDT by Freedom2specul8
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To: John Jamieson
I love it when someone finds a piece of testimony that I missed. Thank you so much. Please cite the person that gave that tesimony.

I am new to this and willing to correct my info as I go along. It was mentioned to me that Danielle had fibers on her body that were consistant with those in the RV. I assume RV belonged to Westerfield. Thanks for any corrections.

254 posted on 07/22/2002 5:35:50 PM PDT by VRWC_minion
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To: It's me
I can't listen to Roberts anymore. He is so condescending towards anyone who does not agree with him

That may be. I didn't hear any of his opinion so can't say. I was forced to find another means to follow the trial because I couldn't get the tv channel to work ont the internet. I saw MizS. said she did a reboot but I didn't try it.

255 posted on 07/22/2002 5:36:50 PM PDT by cyncooper
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To: VRWC_minion
What exactly did he say because I am surprised anyone would claim to prove a negative. I understand and can accept your argument. It is the same argument used to prove DW was not in the Van Dam home.

There is no evidence there, and the dogs did not track his scent into their home.

One has to use their own judgment, ultimately, to decide whether this is proof.

I would state to you that there could be evidence of a person entering a house, and dogs tracking their scent, and they could have never been in it. Yet, you would accept those things as ABSOLUTE PROOF. Am I right?

I can show you have Danielle's HAIR and DNA got in the MH without her ever entering. But they are being used as PROOF.

At some point you have to accept a negative as proof. And we could argue this till hell freezes over.

The main point is whether there is ABSOLUTE PROOF that Danielle was in the MH on/after 02/01/02, and was taken from there and killed by the operator of the MH, which would be DW.

256 posted on 07/22/2002 5:38:12 PM PDT by UCANSEE2
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To: Henrietta
The defense has the burden to prove beyond a reasonable doubt (or to a "moral certainty" for those who read LaFave) that DW killed Danielle.

prosecution

257 posted on 07/22/2002 5:38:35 PM PDT by cinFLA
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To: ~Kim4VRWC's~
And THEN the supervisor testified that they allowed the dog to sniff the inside of the compartment, including the shovel, and the dog did not react.
258 posted on 07/22/2002 5:38:36 PM PDT by Politicalmom
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To: Travis McGee
"She is saying that the JUROR REACTION to the bug witnesses was very skeptical. "

Trav, Were you listening? Did she explain what they were doing to give her that impression? Did it get worse after dusek pointed out his fees? I am curious if dusek picked up on that too...and maybe that's why he rubbed in it with per hour charges testimony.

259 posted on 07/22/2002 5:39:36 PM PDT by Freedom2specul8
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To: It's me; All
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!!

Where have I seen that tactic before ?

260 posted on 07/22/2002 5:39:38 PM PDT by UCANSEE2
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