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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
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.
TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; bugsrunamok; vandam; westerfield
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To: CAPPSMADNESS
The hair issue is another strange thing. Before abducting Danielle, in DW's drunken stupor, did he think to put on a Ruth-Buzzy hair net thingy (he just happened to have)? He had no hair fall on Danielle's comforter or anywhere in her room or their house? Also, how did he know the alarm wasn't set and a door was unlocked?
481
posted on
07/22/2002 8:01:07 PM PDT
by
Lanza
To: UCANSEE2
Poobah is nothing more than a blind apologist for tyrannical government officials.
To: Lanza
And they had a dog. A dog that doesn't bark, but makes a lot of wee-wees in the house.
To: gigi
The CTV reporter Beth, today said that the jurors are stoic, that she can't see any reaction to the testominy other that jurors taking notes.My guess is that this is the truthful observation. I really doubt Judge Mudd would tolerate a lot of overt emotion and jurors making noticeable eye contact, etc.
I think Rick and Little River just want to ride the VD Gravy Train. It's much more interesting to make up a visual of how the jurors are reacting than to simply say they are not at all.
Sounds like a while lot of show biz and very little accuracy.
To: 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? I remember that, and I believe it was said by those watching TV (CTV,KOGO,KGTV,?) that the talking head was making a big deal out of that fact.
To: Rheo
Anybody got a take on what happened at the end today with Tomsovic? Bunch of discussion about a trail and then on the last followup before the sidebar several questions about the position of the body (legs, arms and laying in a northerly direction). Not sure where this was going, although I don't think Dusek objected...
To: demsux
I suspect some "similarities" with the Samantha case.
This is an interesting bit of speculation. The prospects are very intriguing. If there are some things that have surfaced from the Runnion case and since Mudd has already given his direction and interpretation to the jury that there is no connection, then some including Judge Mudd may be in deep doo doo and it could end up with Westerfield owning a considerable chunk of California after the civil suit dust settles. :)
487
posted on
07/22/2002 8:05:43 PM PDT
by
pyx
To: ~Kim4VRWC's~
Both the national office and the San Diego chapter said they did not have Westerfield listed as a member. I tried to tell em. TOO LATE. You provided proof that it was another MEDIA HYPE. The public (sheeple to the media) like to HATE SMART PEOPLE.
To: Henrietta
This is not a criticism of you, but attorneys ARE NOT 'officers of the court'. I can locate the USSC opinion that confirms this if you want proof. I had a run-in with a deputy court clerk over this issue a year ago and when I threatened her with a civil rights action and obstruction of justice charge, a judge quickly straightened her out on the matter. I don't take B.S. from arrogant court personnel.
To: dalereed
If there was his DNA on her neckless his goose is cooked! FALSE.
To: VRWC_minion
It was mentioned to me that Danielle had fibers on her body that were consistant with those in the RV. I believe I mentioned fibers to you earlier today.
First, a disclaimer. The most a witness can say about fibers are that they are similar and could (not *did* as there is no DNA, for instance) come from the same source. Then the witnesses describe the examination done on the fibers and how they are similar, if they are. This includes microscopic evaluations and the like.
Also, the source of some of the fibers has not been determined. The one fiber witness stated the fibers (orange) were like those found in a blanket.
What was found: Westerfield was in the midst of massive laundering when the police came into his home. In all the laundry (washer, dryer and clothes on top of the machines) were found long orange fibers. These fibers were also found in his bed upstairs. Also on a towel in the MH and in his SUV. On Danielle: Tangled within a tangle of her hair on her necklace was found an orange fiber similar in every way to these orange fibers.
Also in his laundry and MH and on the sheet that wrapped her body (wrapped to transport her and capture any trace evidence as it falls off) and one within her hair were found blue/gray fibers. All similar to each other and also source unknown.
In his MH were fibers found to be similar to the carpet in her bedroom.
Also, in addition to the hair in the sink trap with root, there were other of her hairs found in various places. No root attached so the nuclear DNA test was not possible, but MIT DNA was done which determines the hair belonged to Brenda or her offspring. Brenda was eliminated because she color treats her hair, and the brothers eliminated due to length. Danielle's hair was in the lint ball found in his garage garbage. Also on his bedding upstairs, I believe. Other of her hair in the MH.
To: gigi
Little ditch or little stream or whatever she calls herself has said the same thing "rolling eyes" about every defense witness. She really needs to be more creative with her descriptive rants!
492
posted on
07/22/2002 8:10:32 PM PDT
by
Jrabbit
To: UCANSEE2
YOU in BIIIG trouble!!!
To: Lanza
You really need to ask some of the posters about HAZMAT DAVE>>>>>
LOL!
To: pyx
I don't think Mudd should have mentioned the Samantha R. case AT ALL to the jury.
To: VRWC_minion
Probality theory. According to probability theory, this planet doesn't exist.
To: VRWC_minion
People who think accounting is black and white are naive. There is probably much more gray area than there is with bug evidence.
To: gigi
I actually sort of like her. She seems to be fairly balanced. Wonder how long she will last? : )
To: crypt2k
Were tires tracks analyzed at the dump site? DOn't know. IMO, if they found tire tracks, and they were obviously not from a MH, then SDPD or the fire department used brooms to get rid of them, like the BLUE BLANKET that they threw away, and any other evidence, which was discarded by the fire department.
To: dalereed
There was DW's DNA on the necklace?? hmmmm. First I heard of this & I've been with this thing since last March, researching.
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