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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: Greg Weston
Here's what I think is a weird coincidence. DW gets drunk at Dad's runs in to BVD. What they discussed, we don't know. However, he felt comfortable enough to go into their home and snatch their child. Did he have a plan if DVD or anyone else were to wake up? If he did it, how did he know that he could waltz in that home, knew he would not get confronted, and knew they would not check on their children until the next morning. That's just strange. Was he going to kill the whole household if he were caught leaving with Danielle? Did he have a plan of assault ready if he got caught? Is he just the luckiest perv on the planet? It just doesn't seem like it could be this easy. Had the VDs checked on their kids let's say at 3:00 am, what if a house to house search had gone on? What was going to be his plan then? How did he know he wouldn't run into someone going to the bathroom, or the dog causing a commotion, or the brothers waking up? Did he know the dog didn't bark, and why would he know that? How did he know the parents were asleep or was it before the partiers came home? I need the prosecution to say how he did it, and what time he did it. It's all too strange. For a drunk guy, this was all too easy.
421 posted on 07/22/2002 7:11:50 PM PDT by Lanza
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To: cynwoody
Is anyone curious as to whose laundry shared the load at the dry cleaners? Is it possible that there is a DNA transfer within the cleaning process?
422 posted on 07/22/2002 7:12:09 PM PDT by kayti
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Comment #423 Removed by Moderator

To: VRWC_minion
So far the idea that the physical evidence got in the RV by playing there isn't credible to me. It defies probabilities and logic.

The same is true of the lack of DW evidence in the VD home. That is why I favor a theory that Danielle was outside the house, for some reason.

That doesn't clear DW, (who could have seen her wandering about and picked her up offering to search for her missing father) or an Avila-type happened by at the right moment.

424 posted on 07/22/2002 7:12:50 PM PDT by crypt2k
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To: VRWC_minion
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 ?

Much better. I am trying to finish reading all the posts. My explanation will take some time, so I want to reserve it for tomorrow. If you really are interested in the DW trial and it's outcome (you seem genuine), I will explain it all tomorrow.

425 posted on 07/22/2002 7:13:37 PM PDT by UCANSEE2
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To: John Jamieson
Please cite the person that gave that tesimony.

uh,,,uh,,,uh,,,, it was Nancy Grace.

426 posted on 07/22/2002 7:15:23 PM PDT by UCANSEE2
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To: John Jamieson
""Probality" that Damon knew where Danielle's body was when he said to the Press on Feb 18th, that the searchers should be looking closer to SD=100%."


Now, this statement of Damon's, says a LOT. How in the world would he have a clue as to WHERE the searchers should be looking? How would he know that or if her body had been dumped into the ocean, or off the coast of Oregon? Or anywhere else? That "looking closer to SD" is a killer/killer's statement.

427 posted on 07/22/2002 7:16:07 PM PDT by the Deejay
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Comment #428 Removed by Moderator

To: wimpycat
but if I was innocent I would be on the stand implicating the parents.

I don't think he has anything he can testify to that will implicate the parents. It may be that they were irresponsible and their daughter was kidnapped by a stranger.

I don't believe DW knows anything about how Danielle disappeared. (JMO).

429 posted on 07/22/2002 7:17:39 PM PDT by UCANSEE2
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To: Rheo
See my #419. I'm afraid the answer is more mundane than an "Avila did it" shocker. Looks like it MAY be over before you go if you've still got a couple weeks.
430 posted on 07/22/2002 7:19:38 PM PDT by cyncooper
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To: KLT
Would you have found OJ not guilty because he acted like the glove didn't fit

no, as I stated before, I would have found him guilty by the facts of the case,and the large amounts of forensic evidence. not my feelings towards the defendent, or the witnesses.

As far as DW goes, if he is PROVEN guilty, then he should fry - but I don't see a lot of proof here, just a small amount of circumstantial evidence and a very small amount of what is said to be DNA evidence. one hair and 2 "spots" is not alot to convince me. I want to see motive, I want to see proof of how the crime was committed and supporting evidence.

431 posted on 07/22/2002 7:19:47 PM PDT by CAPPSMADNESS
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To: gigi
Okay, fair. But if he disposed of them through the sink, wouldn't there have been more?

With a longer stay, a struggle and possible sleeping there is more hair and the probability that one ends up in trap goes up to a more reasonable level than if she just entered to play for 15 minutes

<

UMMM, ya lost me there, she was 7 years old. No way she sat still while he was driving. He had to restrict her in some way. ,

A child can be restricted by threats. A mirror would provide him the ability to see behind him.

He went to the Beach, was she still alive, just sitting quietly not touching anything?

Why not. If he promised her she would be ok if she didn't move ? Didn't that sister stay in her room long after the abduction of her sister ?

He didn't kill her before he put her in the MH and he didn't kill her in the MH. When do you think he killed her and when did he dump her body?

My uneducated guess would be either there or close by.

Could be, but the dogs searched the MH 3-4 days after her disappearance, when did DW have time to air out the MH?

How long does it take ?

432 posted on 07/22/2002 7:20:00 PM PDT by VRWC_minion
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To: UCANSEE2
"I don't believe DW knows anything about how Danielle disappeared."


Neither do I. Never have. Still waiting for Dusek to PROVE that DW knew full well. At this point, all Dusek has done is to prove to me DW didn't do it.
433 posted on 07/22/2002 7:20:20 PM PDT by the Deejay
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To: Travis McGee
She is saying that the JUROR REACTION to the bug witnesses was very skeptical.

And you totally trust her interpretation of the LOOKS on their faces, that she can INTUIT what they are thinking

That she has absolutely no reason to be biased, or taint her description to what she thinks best will make the AUDIENCE watch her show? To keep her job?

Is this true ?

434 posted on 07/22/2002 7:20:47 PM PDT by UCANSEE2
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To: the Deejay
Also, Brenda told the Press on the 20th that she felt a breakthrough on the search was near. Mother's intuition, I guess.
435 posted on 07/22/2002 7:21:49 PM PDT by John Jamieson
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To: UCANSEE2
Just ignore those other hairs,fibers,prints you found. They don't mean anything.

So we can ignore the presence of the hairs so long as the police didn't ID every hair within a 10 mile radius. Logical.

436 posted on 07/22/2002 7:22:02 PM PDT by VRWC_minion
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To: Travis McGee
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.

And yet you would have us believe that Dannielle would only lose 1 hair during her murder?

437 posted on 07/22/2002 7:23:03 PM PDT by CAPPSMADNESS
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To: Travis McGee
Unless you are a blowfly on the courtroom wall, you have not seen even one JUROR REACTION, have you?

Thanks Travis. That is why I thought it interesting, if nothing else. I will look forward to what the jury has to say after it is over, if any of them care to speak publicly about the trial.

438 posted on 07/22/2002 7:23:14 PM PDT by cyncooper
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To: Dave_in_Upland
A more mature person would at least understand the facts before debating them

Give him credit for at least (finally) admitting it.

439 posted on 07/22/2002 7:24:09 PM PDT by UCANSEE2
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To: crypt2k
The same is true of the lack of DW evidence in the VD home. That is why I favor a theory that Danielle was outside the house, for some reason.

If he was carefull, why would he leave any evidence ?

440 posted on 07/22/2002 7:24:52 PM PDT by VRWC_minion
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