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.

[UCANSEE2]

Poobah is nothing more than a blind apologist for tyrannical government officials.

And I suppose that WAS the nicest thing you could say about him!?!?!?!? (/sarcasm)

[Southflanknorthpawsis]

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)?

Excellent point !!!

It also needs to be remembered that Neil Haskell is primarily an LE witness. If he has no credibility, why has he been called upon frequently by prosecutors?

Tiny Puddle is quickly shrinking to Mere Drop.

[gigi]

Excelent point!

[UCANSEE2]

YOU in BIIIG trouble!!!

hahhh,hahhhh,haaahhh, OK, got three breaths of air, now start running again.

:)

[cyncooper]

did he think to put on a Ruth-Buzzy hair net thingy

Baseball cap. One of his witnesses described what he was wearing at Dad's and it included a cap. Also Keith Sherman, the MH storage guy said DW looked different because he did not have on a cap like he usually did. Therefore, we have testimony that he wore a cap frequently, that he had one on at Dad's Friday night, and sometime over the weekend he didn't have it on when Keith was used to seeing him wear one.

[Travis McGee]

DW is as gulity as OJ and Hitler, who also have legions of defenders who say there is no evidence against them.

[demsux]

Here's something to think about...

The defense, today, puts up two guys that "by their expert opinion" say "no way" was that body there before February 12.

Then, inexplicably, they "recall" Tomasovic, who has already testified to being "on the scene". Why do they have to go back to him???

BECAUSE HE SAW HOW THE BODY WAS POSITIONED. The final questions asked by Boyce were regarding the "orientation" of the body.

With the Samantha killing, LE made it a point to say the killer was a "serial" killer AND would likely kill again in 24 hrs. THAT IS PRETTY SPECIFIC...THAT THEY KNEW HE WOULD KILL AGAIN IN 24 hrs.

IMO, Avila left his "calling card", maybe even a letter, taking credit for the poor VD girl.

[Travis McGee]

Re the emergency drycleaning and laundry: DW probably weighed all that stuff suddenly missing vs cleaning it and gambled that cleaning would destroy all the evidence. He bet wrong.

[UCANSEE2]

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

Every expert. Please, provide the name of just one.

Also would like provided their qualifications for making that statement.

[Travis McGee]

I'm just passing along what I hear in the local SD media vice the one view you get from CTV. For all I know she's a blind liar.

[connectthedots]

I am not real sure what determines being certified. First I would think they would have to have a certain degree in entomology.

Dusek did not challenge the credentials of either entomolist as expert witnesses, so their testimony must be accepted as that of a knowledgable person in that field and if Dusek cannot find another expert or two to contradict the two that have testified, the jury must accept as true the evidence presented by the two experts so far. That being the case, the jury would have no choice but to acquit DW.

[UCANSEE2]

I'm just being honest about it.

And Thanks for being honest and telling me it is just your opinion, or one that you got from People magazine.

[Travis McGee]

Dear God, let the truth prevail!

Amen! And so let the child rapist DW burn in hell forever for what he did!

[UCANSEE2]

Why are you so sure the DNA testimony is correct?

Now, come on, you can't compare oranges to oranges!

(/sarcasm)

[cyncooper]

Once again you are spreading a lie.

Well, I certainly am not. That is mighty strong language and I posted the testimony on a thread the other day.

Dulaney made a note when cataloging evidence that the fiber appeared dull. It came out in testimony that since the fiber was in the hair in the dirt it was deceptive to the naked eye.

As further testimony revealed, testing found it was similar in every way (including color).

I am not a liar.

[cyncooper]

Thanks for your take on it---much appreciated.

[Rheo]

Hair info, etc:

Bedding in MB--1 light brown hair..not similar...12.5cm hair..not similar...14cm..not similar...19cm light brown/blonde..not similar..13.5-14cm blonde..not similar....4cm blonde..not similar.

Clothes from top of the dryer...numerous dark hairs...1 long blonde hair..no size notated.

Multicolored comforter from dry cleaner...15.5cm tip cut..no match.

Blue towel in MH...carpet fibers..not similar...dog hairs..not similar.

LIght blue towel in MH..carpet fiber..not similar.

Green towel in MH..carpet fiber not similar.

3 hairs from lint in garage...BVD or kids

Hair from sink drain..matched 12 of 13 markers.

2 identical blankets in MH..color treated blonde/brown

White mattress cover from MH..curved 3 1/2cm light brown..not similar.

MH pillowcase..21cm-frayed tip.

striped comforter from dry cleaners..short & long black hairs..2 small pieces of brown paper..blue fiber..blue gray fiber..brown and white blonde hairs..didn't notate length or if color treated..black and white fibers.

1 hair on MH bathmat..cannot exclude BVD or kids.

Vacuum cleaner from MH..Danielle excluded.

SUV hair..Danielle excluded

Rear drivers seat SUV..Danielle excluded

2 more hairs from SUV..Danielle excluded.

That is from my notes..will post the other info when I go get it.

[UCANSEE2]

DW is as gulity as OJ and Hitler,

Nothing like a little absolutism to demonstrate a total lack of knowledge of the actual trial.

Don't you think it would be better to get the information before coming to a conclusion?

[cyncooper]

I take it you are not familiar with the testimony, then?

I don't appreciate you calling me a liar.

[Southflanknorthpawsis]

Van-Damned-if-I-Know alert. I won't mention names, but there's one loose.