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]

What kind of Alibi does Westerfield's son have?

According to statements made to police, and I assume they checked out, was that he had a very tight alibi. Was with several friends, during the time period specified by police.

[El Sordo]

IMHO if Haskell is judged to have no credibility, then the whole forensic entomology field may as well be flushed.

He's pretty much the king of the hill where forensic entomology is concerned.

[VRWC_minion]

We have Danielle's blood on Westerfield's clothes. We have fiber evidence

I read there was blood in the RV, was there also blood on his clothes ? What is the fiber evidence ?

[Henrietta]

In other words, Ucansee, Poohbah is now taking his ball and going home! I'm sure we'll all miss him, won't we?

[CAPPSMADNESS]

You beat me to it - if he isn't at the top of his field, then he is near it to say the least!

[VRWC_minion]

This bug evidence is off by a pretty good factor. I would expect some convincing explantion.

[Poohbah]

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.

Yup. And I do properly consider the totality of the evidence. And that totality includes the integrity of the parties presenting that evidence.

If you're willing to lie when the odds of getting caught are extremely high (as they were in that event), then you're at least equally likely to lie when the odds are that much lower. It's not mere dislike that drives this--it's understanding that people who lie are likely to not just lie once.

[Freedom2specul8]

Yoohooo....how many times have their stories changed IN FRONT OF THE JURY. BvD also stated She didn't "think" she danced with DW...what's left?

[gigi]

I wish I had acess to see or hear the trial without constant interruptions, like commercials and losing the internet feed all day. I can't wait for the transcripts to be posted. I didn't miss Duseks little meltdown :)

[Henrietta]

You have Freepmail

[UCANSEE2]

His demeanor and tone. (IMO, of course)

God Bless you, Cyn. Thanks for answering my question. I also appreciate the fact that you are giving me the HONEST ANSWER. I could agree with this. I understand where you are coming from with an answer like that.

Even though it would not technically discount the information he was providing, it could lessen it's impact if the jury perceives him as sounding UNSURE, or WEAK.

[TRY ONE]

OH, the fly....Grasshoper!

Three samurai meet to decide which among them is the
greatest swordsman.

The judge approached the first samurai and opened a small
box. Out flew a fly. The samurai's sword flashed through the air and the fly fell to the ground, neatly sliced in half.

"Very impressive", said the judge.

Now the judge came to the second samurai and again opened a small box. The samurai's sword flashed twice and the fly fell neatly cut into four parts. "Superb", exclaimed the judge!

Finally, it was the third samurai's turn. The judge opened a third small box and third fly buzzed out. The samurai's sword flashed through the air and the fly continued to buzz away.

The third samurai put up his sword with a satisfied grin on his face. "But the fly still lives", observed the judge. "True", replied the samurai,

"But he will never reproduce again".......

[demsux]

The final line of questioning had to do with: orientation of the body, drag marks 80 feet away from the body (which the cop "figured" had been made by entrails, because it was too big to be from the foot).

Tomosovic told he was subject to recall, then a sidebar with DW present and then day over and no trial tomorrow, because the lawyers have some things "to work out".

[theirjustdue]

Keep in mind UCANSEE, that Dusek isn't the only one that appears to be exhibiting a panic mode mentality, after these last two bug expert witnesses.

[cyncooper]

I think I clearly form my own opinion. I had never listened to the radio program before, but had seen much posting about it, so posted what his on-the-scene reporter (producer) had to say about her first-hand observations. And I added "FWIW".

I have yet to hear Nancy Grace talk about the trial and am tired of her name being invoked whenever someone opines against poor old DW and his sorry defense case.

[MizSterious]

Alas, your link won't work for me either. RealMedia keeps timing out. I give up. Feldman will have to win without me.

[VRWC_minion]

You beat me to it - if he isn't at the top of his field, then he is near it to say the least!

Arthur Andersen was at the top of the field too.