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.

[VRWC_minion]

How much do you want to bet that expert fiber witnesses are trained to never say "exact match"?

DNA or fingerprints are never described as exact matches. All based on probability.

[Jaded]

I think she was in the RV. Just not that weekend. I think alot of people agree with that. No amount of Febreze will cover that up, 180Frank and his dogs kind of verified that she hadn't been in the RV that weekend.

I'd like to know how well the VDs knew DW... there is clearly more to that story.

[Jaded]

Recommended reading Jeffrey Graham's testimony on 6/20 and 7/10. Transcripts are on the UT site. He explains about leaving latent prints. It's not as easy as people think and certainly not as easy as it looks on cop shows.

[VRWC_minion]

I'm now wondering how clumps of her hair could have gotten 15- 80- 90 feet from her body.

Animals with fly larva.

[VRWC_minion]

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

In my line of work a positive confirmation is proof while a negative confirmation means nothing.

[Southflanknorthpawsis]

Ditto on the last part of your post #840. It gets a little tiring to be accused of thinking OJ is innocent and being pro pedophilia/child porn simply because one sees the possibility of an innocent man being tried.

Isn't that our justice system? Isn't that why we have trials.....to see and evaluate the evidence?

Such insinuations or accusations from those who believe Westerfield has already been proven guilty make me wonder more about them than what they are saying. What kind of rationale are they using that causes them to viciously label people with a justified opposing view as some kind of sickos?

Who is really sick here? I've observed some behaviors and obsessions here that I find a little creepy and it's not on my "side".

Let's start with those who make excuses for the sleazy and risky game of swinging and parents who do it. Some of the extreme emotion jumping out of the angry VDA posts is very suspicious, IMO.

[Wednesday's Child]

I'd like to know how well the VDs knew DW... there is clearly more to that story. That's a thought that has been in my mind for a while now. Just suppose....Brenda and Danielle have been to Westerfields before the cookie sale. Just suppose Brenda says to Danielle "Go outside and play for a few minutes while I talk to Mr. Westerfield"...so, out she goes and perhaps sees the motor home and goes in for a look around. IMO that would make much more sense than Westerfield kidnapping her and hiding her in the motor home.

[angelgirl]

I have a few questions and I'm sorry if they've already been asked - what time was Danielle last seen? What time was Damon last seen that evening? Do we know if Danielle was in her room when Brenda & friends returned from Dad's? Anyone see her in her room? I also have a hard time believing a 7 year old would write for very long in a diary - I have children about that age and can't quite picture that. The other thing I have trouble understanding is why isn't there more concern about the steam cleaner canister being wet and why were the VD's worried with cleaning - if my child were missing that would be the last thing on my mind. Why hasn't Barbara testified - do we know? And lastly, just saying "IF" DW killed her in MH - there would surely be more blood than the one spot that was found right? Praying the truth comes out.....keep the faith.

[Rheo]

Great post alexandria!

That is my problem with the fibers at this point in the case...there is no source...for any of them.

[Rheo]

That's a good point...and let's not forget......Danielle and BVD were at DW's house last year selling cookies..the MH was not yet in storage then...it was parked at the house.

[VRWC_minion]

I'm not sure...Dusek was talking about coyotes and such

Some studies indicate that in the desert, valleys and low foothills, Coyotes occupy a range of no more than 10 or 12 square miles. In mountainous areas they probably have both a summer and winter range, as heavy snows drive them to lower elevations.

Interesting. Link fly larva to coyotes as source.

[VRWC_minion]

Over an hour an left no trace? Don't think so.

Why ? I see no reason why he had to shed hair and even assuming he did assume that it would be found.

[juzcuz]

Not sure I understand--Help me--

Your link talks all about the coyotes. Link does not mention larva, or did I miss that on the front page??

The Bug guy Faulkner mentioned how victims skin was opened by animals, which allowed places for the fly's...etc..

[VRWC_minion]

Just suppose Brenda says to Danielle "Go outside and play for a few minutes while I talk to Mr. Westerfield"...so, out she goes and perhaps sees the motor home and goes in for a look around.

And leaves behind only one fingerprint, a hair with a root falls on the floor not the carpet or bed and ends up in a sink trap and not down the drain which was later get washed up Westerfield, and she leaves behind some blod or blood like subtances. All during one visit?

If I had a womans hair in my trap, her fingerprint on a cabinet near my bed and some of her blood on my carpet I don't think I could get away with that.

[VRWC_minion]

The Bug guy Faulkner mentioned how victims skin was opened by animals, which allowed places for the fly's...etc..

It is a working theory and I saw that someone mentioned coyotes so I wonder if the prosecutor is establishing the foundation for an alternate explanation.

From reading the threads here it seems that the weather in the area was unnussual and not very conducive to fly's developing.

Apparently the last bug guy was asked how he knew the fly's were even developing and i believe the answer was "because they were there".

I am willing to bet that the rebuttal for the late development of the fly's will be that the fly's were suppresed in that area because the the unnussual weather and that they didn't arrive at the body until they were carried there by animals.

The evidence of the animals was established or will be resestablished by calling back the witness who was on the scene.

The presence of a coyote will establish that the range is 10-12 miles and that it probably takes coyote's up to a certain number of days to survey their territory. So, the jury will be given a way to accept that the bug guy testimony is true as to the number of days the bugs were present but not as to the start date.

[Wednesday's Child]

The point I was trying to make was that there could have been more than one or two times that Brenda and Danielle were at Westerfields....we just have Brenda's word that she didn't even know Westerfield.
It IS possible.

[VRWC_minion]

we just have Brenda's word that she didn't even know Westerfield. ,

I know what you are saying but this is what troubles me. If I were Westerfield and I was in the same posistion I would have every neighbor kid interviewed and ordered to testify that they played in the RV if that were my defense.

I don't understand that the defense has done this yet. The fact that they just suggest a possibility without attempting to provide evidence for it is troubling to me and add's another degree of doubt that the play story is true.

[Jaded]

There have been stories circulating for a while about the involvement between Bren and David. It's also been said that they were both in the RV prior to the weekend in question. Unless we find out soon, we may never know for sure.

[Jaded]

Danielle was supposedly last seen by Damon around 10:00 PM on Feb 1.

Brenda didn't look in the bedrooms, just closed the doors.

Alot of people who have children have a hard time believing a 7 year old would spend 4 hours writing in a journal and reading.

Good observation, many others question the steam cleaner and vacuum being out.

We'd all like to see Barb testify. And Bill Libby too.

One would think there would be more blood in the RV if he either killed her there or sexually assaulted her there. There would also have been bodily fluids released. (but we're not allowed to ask those questions)

See: Stealth Ninja Dave

**FREE NINJA DAVE**FREE NINJA DAVE**FREE NINJA DAVE**

[Wednesday's Child]

I understand what you're saying. It would have been much better if someone had testified that they too played or went in the motorhome. But...I know that when I was a kid, I did tons of things that, to this day, my mother never knew about:)
I just have a problem with such a small amount of circumstantial evidence. Maybe Westerfields attourneys decided the "bug" evidence would be more than enough to prove their case.?