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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: MizSterious

MIZ and company...click here to listen!!


41 posted on 07/22/2002 3:41:49 PM PDT by FresnoDA
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To: Henrietta
The defense has the burden to prove beyond a reasonable doubt (or to a "moral certainty" for those who read LaFave) that DW killed Danielle. It is not the responsibility of the defense to prove that he didn't do it. You seem to have the burdens mixed up, oh grand Poohbah.

Note the term "reasonable doubt."

That little detail keeps getting missed by the Westerfield Fan Club.

There's enough evidence, IMNHO, to convict Westerfield. People HAVE gone to the death chamber or life in prison on less evidence than this. We have a stiff. We have Danielle's blood on Westerfield's clothes. We have fiber evidence. We also have Westerfield's attorney working overtime to suppress evidence, and then getting caught "accidentally" (wink wink!) misleading the jury about that evidence.

Sorry, but if I were on the jury, I'd ignore everything in the defense case after THAT little pecadillo. If the prosecution had been caught doing likewise, I'd be a guaranteed vote to acquit.

You get one chance to tell me the truth in a trial. Miss that chance, you're hosed.

42 posted on 07/22/2002 3:42:48 PM PDT by Poohbah
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To: FresnoDA
Very interesting....obviously Westerfield has excellent defense attorneys...they are definately establishing a reasonable doubt....

But who knows what will happen? Seems the defense has had plenty of time to conjure up stuff...let's see what tomorrow brings...

43 posted on 07/22/2002 3:42:55 PM PDT by KLT
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To: Mrs.Liberty
UCANSEE...River is the RR producer, but she also attends the trial daily.

Thank you. I was making an unfair judgment about River, in assuming she wasn't watching. Then, Her and I disagree on interpretation of the testimony today.

44 posted on 07/22/2002 3:43:17 PM PDT by UCANSEE2
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To: UCANSEE2
No, just giving my unvarnished personal opinion of the "reasonable explanations."

Feldman attempted to lie to the jury, and he got caught. I think a reasonable juror would be well within their rights to ignore the entire defense case after that.

45 posted on 07/22/2002 3:44:17 PM PDT by Poohbah
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To: MizSterious
If the link does not work Miz....go to www.nbcsandiego.com and click from there...I have on now..big picture, and better sound...(hint) if it says...check your speed, just click that..it will bypass the "govenor"!!!
46 posted on 07/22/2002 3:44:21 PM PDT by FresnoDA
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To: FresnoDA
Concerning your post: # 8

Maybe Westerfield did Not dump Danielle's raped and tortured body...?

Could it be that Westerfield's Spawn/Son did IT for him?!

Could it be that both father and son Teamed up to rape, and murder little Danielle?

I wonder if the Police and DA have Investigated the son?

If Not, Why Not?!

What kind of Alibi does Westerfield's son have?

47 posted on 07/22/2002 3:45:44 PM PDT by Simcha7
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To: UCANSEE2
Remember, nixon won his debate on the radio, lost it on tv.
48 posted on 07/22/2002 3:45:45 PM PDT by Freedom2specul8
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To: All
Are they at sidebar again?
49 posted on 07/22/2002 3:45:53 PM PDT by Rheo
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To: Rheo
yes, at side-bar
50 posted on 07/22/2002 3:47:10 PM PDT by vacrn
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To: FresnoDA
It's really getting knee deep on this thread. A shame we couldn't just talk about the facts brought out in the testimony today...like the earlest date the body could have been dumped, like trash, on the side of the road. A Date that Westrfield could not have made...oh well.

later, sw

51 posted on 07/22/2002 3:47:50 PM PDT by spectre
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To: Poohbah
You get one chance to tell me the truth in a trial. Miss that chance, you're hosed.

Based on your statement above, then, the SDPD, and most of the prosecution witnesses ARE HOSED. The Van Dams have repeatedly changed stories, the DOG GUY was a total failure, both Prosecution and Defense witnesses repeatedly stated that LE's did not copy down their statements correctly, and the LE's admitted the LIED to get a search warrant.

How do you defend that ?

I know, you are going to say it doesn't matter if they lied,only if defense lies. Go ahead, say it.

52 posted on 07/22/2002 3:47:52 PM PDT by UCANSEE2
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To: UCANSEE2
His demeanor and tone. (IMO, of course)
53 posted on 07/22/2002 3:48:42 PM PDT by cyncooper
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To: FresnoDA
I go there and it closes out my screen??..argg!
54 posted on 07/22/2002 3:48:48 PM PDT by Rheo
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To: cyncooper
post #27. What do you think?
55 posted on 07/22/2002 3:48:49 PM PDT by UCANSEE2
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To: Rheo
Looked like DW went to the sidebar, also
56 posted on 07/22/2002 3:49:07 PM PDT by demsux
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To: Poohbah
Note the term "reasonable doubt." That little detail keeps getting missed by the Westerfield Fan Club.

Note also the term "to a moral certainty." THAT, according to Professor LaFave, is the real meaning of "reasonable doubt."

You can derisively refer to those of us possessed of reasonable doubt as the "Westerfield Fan Club" if you like. Namecalling is the last resort of little minds, and we all realize that. We aren't "fans" of Westerfield, however; we're fans of seeing that justice be done. Justice cannot be done by executing the wrong person.

We also have Westerfield's attorney working overtime to suppress evidence, and then getting caught "accidentally" (wink wink!) misleading the jury about that evidence. Sorry, but if I were on the jury, I'd ignore everything in the defense case after THAT little pecadillo.

Then you shouldn't be on any jury. The judge will properly instruct the jury to consider the evidence in its totality. Jurors can't throw out evidence merely because they don't like the proponent of the evidence.

57 posted on 07/22/2002 3:50:31 PM PDT by Henrietta
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To: demsux
Not having trial tomorrow...interesting!!! This sidebar/day off comes right after Boyce was asking about "position of body", etc.

Wonder if it has something to do with the Samantha case...I bet it does.

58 posted on 07/22/2002 3:51:22 PM PDT by demsux
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To: demsux
He has been going to the sidebars.
59 posted on 07/22/2002 3:51:28 PM PDT by Rheo
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To: Rheo
Didn't know that he was allowed.
60 posted on 07/22/2002 3:52:08 PM PDT by demsux
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