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.

[the Deejay]

Even more to solidify my belief the Vdams know exactly what happened to Danielle, how she got to Dehesa Rd., etc., the lot. I will never rule the Vdams out.

[UCANSEE2]

Has Ricci's scent been tracked into the Smart home? Sure don't have an answer to that. Have they tried using scent /trail dogs ?

[UCANSEE2]

OJ was not all like this case.

I agree totally. I think you replied to the wrong post.

[UCANSEE2]

You didn't say mother may I.

[UCANSEE2]

You didn't say mother may I. ;)

[the Deejay]

I hope they wouldn't use 180 Frank. (The Barney Fife of SDPD.)

Wonder what that job possibility was, Frazee mentioned to the judge.

[UCANSEE2]

No proof is absolute.

Yes, you are ABSOLUTELY correct! :)

[UCANSEE2]

I believe that Westerfield will be found guilty by a jury that is ruled by it's emotions, not by evidence or fact. He should be considered innocent until proven guilty, but in this touchy-feely society we live in, he was convicted the minute someone pointed at "the creepy neighbor" and the media got wind of it. And those are the things that scare me to death.

A BIG BUMP. What you said cannot be said enough to make me happy. It is an unfortunate truth.

[VRWC_minion]

Yes, you are ABSOLUTELY correct! :)

Maybe, maybe not.

[John Jamieson]

Remember National Lampoons Vacation movie?

[gigi]

"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 "

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But then doesn't the probality go up that more hair would have been found? I think you bolster the theory that she was only in the MH a short time.


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

Maybe, but he was driving a big MH and he couldn't have been watching her the whole time.

"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 ? "

Again maybe. Did the sister not touch anything and stay perfectly still?

"My uneducated guess would be either there or close by."

I'll leave that one alone! LOL!


"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 ? "

I don't know, but dogs have pretty good sniffers or they wouldn't use them. They must have thought the dogs could pick something up.

[the Deejay]

I was trying to recall the name of that movie!! LOL! Only Wally World came to mind.

Yeah, right. Like now a theory is, DW had her strapped to the top of the RV??

[UCANSEE2]

I'm not there, I am only passing on what she, a JUROR EYE WITNESS, has been saying.

Therein lies your own the answer to your own question. Can you see the answer,my friend.

[John Jamieson]

My RV had a large luggage carrier on top, but it was an old one, I don't know if they still use em.

[cynwoody]

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

It's too big an if, especially if you have a Mensan's grasp of probability. Sure, it's possible to do it without leaving any evidence (physical traces or witnesses). It's just too damned risky. See Lanza's post number 421 for a nice analysis of all the things that could have gone wrong. The prosecution's case would be a lot more convincing if they were to present an account of the abduction.

[the Deejay]

I've seen a lot of trials and I've never seen a jury use the "touchy feely" to decide on a verdict. Don't think it will happen here either.

[It's me]

I'm not there, I am only passing on what she, a JUROR EYE WITNESS, has been saying. It wasn't just the expert witness fees, she is saying that AS SEEN IN JUROR REACTION, Dusek has shredded the certainty of the bug life time lines, and put in so much doubt that the jurors are basically laughing at the bug men.

---

I find that report highly suspect! Did anyone hear Jon & Ken from KFI in Los Angeles right after 5:00 pm today? Well, I did and ended up yelling at the radio!! They were practically accusing, NO! I take that back, they WERE accusing the bug man (I'm so angry I forgot his name right now) of testifying, for money, to whatever the defense wanted! They also said that Duseck creamed the guy!! They also said that because of the recent Samantha case in Orange County, Westerfield will surely fry! What arrogant a$$holes!! What testimony were THEY listening to!

I don't believe any of this crap. The reporters who wanted Westerfield executed are seeing "their" case disintegrate right before their very eyes! John and Ken were really bothered by the way the testimony went today. Well, tooooo bad!

They are truely pathetic. Real "honest" reporting. Yeah, right!

Dear God, let the truth prevail!

[UCANSEE2]

Hopefully you can accept my apology for overreacting to you so early. I am trying to catch up on the threads, and you have stuck with it. You have been asking questions. Asking for proof. Good for you. Don't give up, don't let my early posts upset you. Your posts have contributed to the thread, keep going.