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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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Comment #21 Removed by Moderator

To: Poohbah
The other evidence is kinda tough to explain away, though.

Reasonable explanations have covered all the evidence so far. Including the FACT that the DOGS did not hit on the MH, so Danielle could not presumably, have been in it for 2 weeks before the dogs searched it.

And now, since Testimony in court has repeatedly backed up the notion that her body was dumped on or very close to the 16th and that she was killed at almost the same time, WHAT OTHER EVIDENCE are you talking about ?

22 posted on 07/22/2002 3:24:02 PM PDT by UCANSEE2
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To: cyncooper
I agree. The witness does not come off as an "expert" witness ought to, IMO.

This is the second time you have said this.

Sounds like a sound bite from CTV and Nancy Grace.

How should an 'expert' witness come off, to sound right to you? What, in particular, is he doing wrong?

23 posted on 07/22/2002 3:27:52 PM PDT by UCANSEE2
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Comment #24 Removed by Moderator

To: UCANSEE2
Reasonable explanations have covered all the evidence so far.

Dude, they're reasonable only to those who with IQs in the "OJ jurors range."

25 posted on 07/22/2002 3:30:32 PM PDT by Poohbah
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To: All
I need a different feed....sandiegochannel bites and KOGO 600 is Roger...how do I get to the 1160am?
26 posted on 07/22/2002 3:31:20 PM PDT by Rheo
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To: cyncooper
but it sure sounds like your side wants to say a differing perception than your own is invalid for some reason. Just an observation.

No, not at all. Cyn, when you are on the SCENE of a car wreck, and you hear a reporter on the radio, getting a relay from someone on a cell phone, that drove by the wreck at 50 miles and hour, and the story on the radio in no way resembles what you are seeing and hearing, WHAT WOULD YOU THINK?

If the witness sounded like a failure, you would see posters on here admitting so, no matter what their 'side'.

Some reporter that is reading off a script and has not been watching the trial or listening, and is getting paid to say what the PRODUCER wants said, is more valid to you than are hundreds of people listening intently to every second of the trial.

27 posted on 07/22/2002 3:33:40 PM PDT by UCANSEE2
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To: Rheo
Go here...www.kgtv.com then go to Westerfield link...
28 posted on 07/22/2002 3:33:51 PM PDT by FresnoDA
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To: Poohbah
You know, from earlier discussions, I thought you were above this tactic. Guess I was wrong.
29 posted on 07/22/2002 3:34:48 PM PDT by UCANSEE2
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To: Poohbah
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. It is not the responsibility of the defense to prove that he didn't do it. You seem to have the burdens mixed up, oh grand Poohbah.
30 posted on 07/22/2002 3:35:08 PM PDT by Henrietta
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To: FresnoDA
Serious buzzkill for Dusek.

Thanks for the ping.
31 posted on 07/22/2002 3:35:09 PM PDT by El Sordo
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To: Rheo
I've lost my feed so often that I have no idea who is on the stand. Anyone know? The SDC is starting to really tick me off.
32 posted on 07/22/2002 3:35:22 PM PDT by MizSterious
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To: FresnoDA
that's what I have now and it goes out every couple of seconds...thanks anyway.
33 posted on 07/22/2002 3:35:28 PM PDT by Rheo
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To: MizSterious
Tomsovic is on now...already missed Feldman and Dusek is on...talking about the drag marks or something.
34 posted on 07/22/2002 3:36:06 PM PDT by Rheo
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To: UCANSEE2
UCANSEE...River is the RR producer, but she also attends the trial daily.

That being said, I attend it as well online, and I disagree with her observations.

35 posted on 07/22/2002 3:36:31 PM PDT by Mrs.Liberty
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To: cyncooper
But to constantly say those who differ with the pro-Westies are basing their opinion on talking-heads is false. You are correct about that. And, of course, point-of-view can make quite a bit of difference.
36 posted on 07/22/2002 3:36:45 PM PDT by UCANSEE2
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To: Rheo
Thank you. This is the absolute worst day yet for these feeds. Sheesh.
37 posted on 07/22/2002 3:38:18 PM PDT by MizSterious
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To: cyncooper
How should an 'expert' witness come off, to sound right to you? What, in particular, is he doing wrong?

These were not invalid questions, either. But the trial is back on, so let's let them sit.

38 posted on 07/22/2002 3:39:28 PM PDT by UCANSEE2
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To: Rheo; UCANSEE2
Wow, cops had to actually get on their hands and knees to smell the odor?
39 posted on 07/22/2002 3:39:49 PM PDT by Freedom2specul8
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To: Poohbah
I guess if you can't answer the question, you just make a personal attack, huh?
40 posted on 07/22/2002 3:40:35 PM PDT by UCANSEE2
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