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.

[Southflanknorthpawsis]

Little ditch or little stream or whatever she calls herself

LOL........I prefer Tiny Puddle.

[demsux]

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 agree with you, it seemed almost as if the "bug guy" was connecting with the jury.

I watched it, and he would look at the lawyer during the question and then turn his attention to the jury and explain his answer. It appeared that HE was making direct eye contact with the jury.

[Politicalmom]

Once again you are spreading a lie.

The orange fiber in the necklace was stated in the witness' notes as being DULL orange.

She state the others were BRIGHT orange.

That was the testimony. Similar EXCEPT in color.

[connectthedots]

If someone claimed they can prove a negative they should have no problem proving God doesn't/does exist. Hint: Its not possible.

I gather you have not read Mere Christianity by C.S. Lewis.

[cynwoody]

attorneys ARE NOT 'officers of the court'.

How about in Alameda County? This page, from the Superior Court of California, Alameda County, lists attorneys as "officers of the court".

[dalereed]

Several people said that it was false info.

Knowing some of the dingbats that my wife works with I wouldn't be suprised if it was false info.

[CyberAnt]

I agree with Rivers' assessment. I was listening to the testimony during lunch today (11-12), and I thought Dusek was getting the guy to admit some pretty interesting stuff. KUSI (independent station) will be doing a recap at 9 pm tonight. I don't know if they have a live feed or not.

And ... I agree I thought the guy lacked a lot of credibility.

[UCANSEE2]

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.

YEP. Just because you find something NOT CREDIBLE does not keep it from being existant.

Explain how all the crop circles all over the world got there, using your probabilities and logic.

[UCANSEE2]

But then he has to explain why this stuff is "disposed".

Do you really believe that ?

[connectthedots]

An attorney could be disciplined by the bar for lying, but such lie may not be used to find his client guilty.

This happens as often as a cold day in hell.

[countess]

Yup, big lie, but so well-worded!

[UCANSEE2]

Feldman is evidently going to call some media people and just got a tape delivered that he had subpoened.

THis sounds very interesting. Sounds like you are saying after he presents it, the case is closed.

[Southflanknorthpawsis]

Yep......I think Tiny Puddle just wants to be a big leaguer and thinks this is her springboard. I don't buy anything she reports.

I tried to listen several times during the trial lunchbreaks and I finally decided it was not a serious or truthful treatment.

When RR talks to Tiny Puddle and they play back and forth, it feels more like I'm watching David Letterman send out that Rufus guy(I think that's his name).

[gigi]

Yea, except for her comment that DW was guilty because he new about the father daughter dance, that is the most biased thing she has said. I posted it on a thread last week? I remember talking about it.
I kinda like Ricki Klayman, she seems to give both sides balance.

[Hildy]

Every expert says that jurors make up their mind after opening statements. I'm just being honest about it.

[connectthedots]

crystalk: DW certainly did NOT dispose of the body, so perhaps it would be best to start at Feb 16 with the body disposal, and work BACK!

Why so certain the expert is correct ?

Why do you think they call it expert testimony? Why are you so sure the DNA testimony is correct?

[dalebert]

This is sounding more like the OJ trial.

[Mrs.O'Strategery]

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.

Even if it is true what Tiny Puddle is saying-- how does she know that the jurors aren't reacting to Dusek's questions (i.e. Dew point vs. temperture--lol)?

[pyx]

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.

This is similar to my own prediction several weeks ago. I'd only add, that after reading some of the postings on these threads, there may be several who would actually get off on watching an innocent man put to death.

[UCANSEE2]

He has to know they will lie, not just suspect it.

Thanks. That woulda been my guess.