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.

[Rheo]

I have not tried to decipher that info from the transcripts yet, and missed all of Tomsovic's testimony today.

Hopefully, someone will be able to try and clear it up for us both!

[calawah98]

They said an animal had drugged her. They had asked about an odor, and LE said he had to get down close to the drag marks to smell any thing.

[rolling_stone]

Then let's talk about DW being the unfortunate victim of numerous unlucky coincidences. In your opinion is he the most unlucky murder defendent in history to have all this evidence both physical and circumstantial point right at him

NO, lots of defendants have had more than bad luck:

http://www.vix.com/men/falsereport/cases/fraud-convict.html

http://www.november.org/razorwire/rzold/16/16002.html

http://lsg.psv.com/death1.html

[Rheo]

He said something about the hair too, didn't he?

[cyncooper]

In case you didn't notice, he was continuing to talk, and Redden INTERRUPTED him. You have NO idea what he might have said otherwise.

Just a point of information. The tape was redacted. If you go to the transcripts there is quite a discussion between the judge and lawyers about what, if anything to say to the jurors because it sounds like interruptions and the tape ends abruptly,not like a normal interview.

To be sure, they would NOT have redacted Westerfield claiming he danced with Brenda van Dam. (And he did tell the police she wasn't his type).

[dread78645]

> IF Danielle would have been in the MH between 02/01/02 and 02/03/02, the dogs should have detected that. They didn't

This was part of testimony ? An expert opined this ? What exactly did he say because I am surprised anyone would claim to prove a negative.

If the dogs could find a body, alive or dead, why would you use dogs (or testify about using them) ?

My plecostomus didn't detect Danielle's body, and I wasn't called to testify ...

[calawah98]

I was having a heck of a time with the feed, so missed what was said about hair.

[dread78645]

Well, if you are talking outside of jury's eyes and ears that's a completely different story...

No, it's not. The question is:

Are you honest only under oath and in front of a jury ?

[cyncooper]

Clarification: The tape that was played for the jurors was redacted. Of course, the whole interview exists on tape. The lawyers and the judge hammered out ahead of time what the jury would be permitted to hear, so the seeming "interruptions" and abrupt ending to the questioning is what they heard.

[Rheo]

A lot of us had feed problems today..oh well..the transcripts will be coming..yeah!:-)

[rolling_stone]

http://www.innocenceproject.org/causes/junkscience.php

[rolling_stone]

http://www.anti-state.com/cattanach/cattanach8.html

Lots of unlucky people!

[juzcuz]

I have more questions though---

I don't want to be gruesome here---
On one hand, I can see how birds could carry bits of flesh in and around brush that could be a reason of how a small amount of flesh got there. Nevertheless, I nagging suspicion that maybe the scene was something more macabre, like cut out pieces of flesh that were placed there. I wonder if it was that way?

[Diddle E. Squat]

Angels and Insects?

(Perhaps the most disgusting shock I've ever experienced in a movie.)

[Rheo]

I'm not sure...Dusek was talking about coyotes and such...or maybe it is something they have seen before..and since.

You want gruesome..check out this website...there have been some sick, evil people in this world.Internet Crime Archives

[dread78645]

A: IT WAS A HUMAN HAIR. AND IT APPEARED TO BE A PUBIC HAIR.

A seven-year old girl with pubic hair ?

Kimmie {LOL},{HUGZ}, and {KIZZEZ} --hon, you've gone round the bend.

Find help. The yellow pages.

[Greg Weston]

That is Barry Schecks group right? The O.J. case proved he has no credibility whatsoever. Just another big ego big mouth who cares only about winning something. He has no principles. Screw em.

[Greg Weston]

Let's just let everyone out of prison then. Just open the doors. Everyone is framed. Let's not even try this Aliva guy. Let him go.

[dread78645]

Let's just let everyone out of prison then. Just open the doors. Everyone is framed.

Nice try, Greg. Just be quiet and eat your cheese sandwich.

[juzcuz]

I saved it for later--

Your right it is gruesome.
I barely got past the first half of the first page. Some interesting info. in the first para. Killers "like to insert themselves into investigations". "--They taunt authorities, with letters or carefully placed pieces of evidence...." You I don't know how some of the LE who work homicide can sleep after seeing the gore that they must encounter. I don't think I could to that for a living... I think I'd have endless nightmares.