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.

[VRWC_minion]

I think if you believe someone else dumped the body, then you really have to acquit Westerfield. There would simply be too many unanswered questions to convict him.

Why ? If he had an accomplice is not guilty ? I don;t get it. If I rob a bank and someone else drives, I must be acquited ?

[UCANSEE2]

There just seems to me, to be an added sense of apprehension and aggravation in some poster's responses that seem to be resulting in things being said, that may be a little more heated, than the demeanor these individuals have previously exhibited. Just a personal observation and strictly JMO

I would agree. The violent (apparently)death of little girl can cause very tense emotions to be displayed.

Those that locked onto DW as GUILTY from the beginning and (for whatever reasons) refuse to change their mind NO MATTER WHAT, are usually people with very strong religious and/or moral convictions. They think that any OPEN-MINDED RATIONAL person that has gone to the trouble of spending time to SEE FOR THEMSELVES the truth of this case, MUST BE RELIGIOUSLY or MORALLY DEVOID, because they believe DW might not be guilty.

It is a wall that probably cannot be torn down.

They are right in that a person that would do that should get the worst punishment.

Those that have doubts about DW's guilt are right in that they want the REAL KILLER to be punished, and not someone that didn't do it.

I wonder what certain people would say if evidence came forward that totally cleared DW? Do you think the DW is GUILTY BECAUSE I JUST KNOW SO AND I WILL NEVER CHANGE MY MIND crowd would admit their mistake? I know the DW doesn't appear guilty, hasn't been proven crowd have already stated if proof enough was produced in court, they would admit to misjudging.

[Freedom2specul8]

not sure about useless when the supervisor saw it. I agree..and if the supervisor hadn't saw the original alert..it would have looked worse than it already was.

[UCANSEE2]

Which one am I? I am confused.

[FresnoDA]

Egads!@!!!  Has Nancy DisGrace seen this CourtTV headline???

Second entomologist bolsters defense

Neal Haskell said bug evidence indicates Danielle van Dam was dumped later than prosecutors' contend.

By Harriet Ryan
Court TV

A second forensic expert testified Monday that insect evidence indicates murder defendant David Westerfield was already under police surveillance when someone dumped Danielle van Dam's body along a San Diego roadside.

The expert, Indiana forensic entomologist Neal Haskell, testified that the age of the flies and maggots found on the 7-year-old's body indicate that the girl was likely left along the highway between Feb. 12 and Feb. 21.

Van Dam was kidnapped from her bedroom the night of Feb. 1 and police began constantly monitoring Westerfield, her 50-year-old neighbor, four days later.

 

Danielle van Dam

The conclusions of the two entomologists are the defense's strongest evidence for Westerfield's innocence. Defense lawyer Steven Feldman told jurors during opening statements that "science" would rescue Westerfield by proving it was not physically possible for him to be at the site at the precise time her body was dumped.

Haskell was the second witness for the defense to testify that forensic evidence showed Danielle's body was dumped after police put Westerfield under surveillance. Entomologist David Faulkner testified earlier in the defense case that infestation likely occurred between Feb. 16 and Feb. 18.

"He had a narrower time frame than me," Haskell said when pressed on the disparity by prosecutor Jeff Dusek. "I was being more conservative."

Infestation can occur as soon as 20 minutes after death, but could take longer depending on the climate and whether the body has been covered, experts say.

Prosecutors, who have amassed a pile of other forensic evidence linking Westerfield to the kidnapping and murder, are taking the entomological challenge to their case very seriously. They have hired at least one insect expert, M. Lee Goff of Hawaii, to reanalyze the evidence.

In his cross-examination, Dusek suggested Haskell did not take into consideration the strange weather in San Diego in February when making his calculations. Faulkner testified that hot, dry and windy conditions reduced the fly population to the lowest levels ever noted, but said flies were still present. Haskell largely downplayed the abnormal climate, saying the insect life recovered from the body proved flies were still abundant at the scene.

At one point, Dusek asked Haskell if he had considered whether Danielle's dead body might have become mummified while driven around hot desert areas in Westerfield's recreational vehicle for a day and a half before being dumped along the road. Haskell admitted that the body might mummify slightly in such a scenario, but "not to the extent that it would inhibit the blowflies."

Before testimony began, Judge William Mudd warned jurors that the abduction and slaying of 5-year-old Samantha Runnion in Orange County had nothing to do with the case they were hearing.

"Other matters in other locations are of no relevance to the case," said Mudd.

 

[John Jamieson]

If he didn't trust the dog, how could she?

[Greg Weston]

Bet? Probably in this trial he will be convicted. There is always a possibility of 1 or 2 jurors hanging things up so they might have to do it again. Are you saying Westerfield will walk free someday in the near future? I'll bet you he won't be aquitted. Ever.

[cynwoody]

DW is a genius inventor and mensa member. Anybody can walk into an OPEN home and carry away a solidly sleeping 7 year old on his shoulder without leaving clues. Just wear gloves and get rid of the clothes and shoes after.

Mensa types are said to be good at probability calculation and are certainly aware of the likely penalty for murder in the first degree of a little girl. So, sure, it's possible to do what you describe, but I'd say the risks are a bit large — of being observed as well as of inadvertently leaving physical evidence for the criminalists to find. And, anyway, if DW has such an aptitude for spiriting away little children without leaving behind tracks or witnesses, then why is he up for Murder I in the first place?

[Freedom2specul8]

Neither....you're usually a good mediator, so I pinged you too.

[Greg Weston]

Are you going to keep on the case after Westerfield is convicted?

[Freedom2specul8]

GASP! Is Danielle eating junk fook?

[Freedom2specul8]

If it wasn't important, how come the defense didn't harp on how long scent lingers? (or did they and I just missed it?)

[John Jamieson]

Because the prosecution has not presented that theory as they must in cases involving more than one person. I don't think Dusek is allowed to change he's theory from what he presented in his opening statement that DW was the sole perpetrator.

[Lanza]

Before the trial went on recess for 11 days, the CTV reporter commented that the jury was paying close attention and taking notes during Faulkner's testimony. Did anyone else hear her say that?

[John Jamieson]

Lets put $25 on it. Loser sends the $25 to FR fund. I'll gladly risk it.

[Freedom2specul8]

I found it..I like the search the page function on browsers. Saves so much time.

http://www.uniontrib.com/news/metro/danielle/20020223-9999_1n23wester.html SNIP A published report said that Westerfield is a member of Mensa, an organization of people who score high on intelligence tests. Both the national office and the San Diego chapter said they did not have Westerfield listed as a member.

[Yeti]

My point, AS STATED IN THE POST to which you wouldn't have replied had you finished reading, was that he was just making up numbers less than one and multiplying them. He has no reasonable basis in the whole wide world to arrive at those numbers or to assume that they can be multiplied to arrive at an overall probability.

The other, hinted point was that just as shifting gears is deterministic and so, despite the odds, quite expectable -- so, too could the hair have gotten into the drain as the deterministic and expectable result of someone putting it there, in the last place they would look after THEY DIDN'T FIND ANY EVIDENCE.

[VRWC_minion]

"Hair in trap = 80% a single hair was dropped (at rate of 1 every 15 mins),"

Wouldn't that suggest that she was only in the MH for 15 mins.?

Well yes. Unless someone made an effort to clean up and dispose of them.

"The lack of finger prints by Danielle if she did play in there, there should be more. Especially in that so many un I'd prints were found."

But if she was in the MH over the weekend wouldn't there be more fingerprints?

Not if she was told to stay in one place.

YEs, of course Do you think he let her roam around?

No.

Or did he have her gagged and tied up?

Apparently there is no sign of this. He could have kept her in place by threats and fear.

If DW had her in the MH for however long the prosecution thinks, wouldn't there be more trace evidence of a murder?

If he was dumb enough to kill her there. I doubt he killed her inside.

She had to be in there for awhile, why didn't the dogs smell her?

Cleaning, aired out ?

If he killed her before he placed her in the MH

Doubtfull based on the evidence.

[Politicalmom]

The testimony was 100 PLUS. That could be 200 in some individuals. I would suspect that people with fine hair would lose more hair.

[Travis McGee]

Frankly I consider Mensans geeks. But it's a fact that DW is a VERY bright man who supported his big house and big RV lifestyle on his own patented inventions, not the sign of a moron like "I live with Mom " Avila.