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]

Rebutall will need full day of witnesses

What's on the tape must be good.

[juzcuz]

Interesting that you should bring up the blue sheet--

I read also in Tomsovic test. June 18/19. The exact quotes I'd have to go back to get..

He was questioned about finding a blue sheet or blanket. He said he and his team looked at the dump site for a blue sheet or blanket, but that they did not find any...

[VRWC_minion]

I have no problem that their calculations are correct from the time the first fly arrived. My questions are the assumption that the fly's would arrive within a few hours of death.

Given that the desert doesn't offer an attractive set of circumstances for flies to find places to grow I doubt nature would have them waste much time there. I am willing to bet that the scientists in this area haven't done much studies on the desert and have merely extrapolated their work from other areas with an untested assumption that flies would arrive in a short period of time.

After finding a second case where all of the evidence contradicts the fly guys and the same case was in the desert I wonder how accurate their assumption is that the flies arrive right away.

Common sense says nature wouldn't waste the time sending flies into the desert and the two cases with two similar time problems indicates a time delay.

[UCANSEE2]

just guessing/wondering what could possibly be on the tape .

Aren't we all. It's important enough that Prosecution needs a full day of witnesses to try and fight it.

It may be about contamination by searchers of Danielle's body before LE arrived.

It may be about the way Danielle's body was posed, and related to the Samantha/Avila case.

It may be about evidence that was at the scene (blue blanket ?) that the police ignored and the firemen destroyed.

It may be about evidence explaining how Danielle's body was partially mummified and insect activity slowed ; Which may be related to the Samantha/Avila Case. If so, watch for "Wrapped tightly in a blue sheet like a cocoon"

[cyncooper]

Rebutall will need full day of witnesses

What's on the tape must be good.

Rebuttal refers to the prosecution----not defense. Defense MAY rest without showing the tape. That was part of the discussion in open court, that the defense may rest immediately Wednesday (but then again, maybe not). But the "full day" statement was made by Dusek and referred to if he was able to have all of Wednesday. Otherwise, he said it could go into Thursday.

[Jaded]

Well, you're not the only one getting request to be removed from the ping list. Notice how many people have left. I've gotten freepmails to be removed because of specific people. You brought up the original statement. Then accused who responded to you of being sick.

What I've done is no worse than your data dumps, so spare me.

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To: dread78645; UCANSEE2

Something else we forgot about.

http://www.signonsandiego.com/news/metro/danielle/transcripts/20020624-9999-pm1.html

Q: NOW I'M SPECIFICALLY DIRECTING YOUR ATTENTION TO -- I'M MARKING ON MINE SO YOU SEE IT AND I SEE IT ON YOURS.A: M-HM.Q: AND YOU INDICATED I NOTED ONE WHITE HAIR. I'M SORRY. IS THAT WORD WAVY?A: YES.Q: BETWEEN DRIVER'S SEAT AND DOOR ON FLOOR. PERIOD. CORRECT?A: YES. Q: POSSIBLY AN ANIMAL HAIR, CORRECT?A: YES. THAT'S WHAT I WROTE. THAT'S CORRECT.Q: AND THAT'S WHAT IT WAS, RIGHT?A: NO. IT TURNED OUT ON FURTHER EXAMINATION THAT IT WAS NOT AN ANIMAL HAIR.Q: WHAT WAS IT?A: IT WAS A HUMAN HAIR. AND IT APPEARED TO BE A PUBIC HAIR.


752 posted on 7/23/02 12:37 AM Central by ~Kim4VRWC's~
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To: ~Kim4VRWC's~

And?

Danielle didn't have pubic hair.


756 posted on 7/23/02 12:40 AM Central by Jaded
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To: dread78645; Jaded

IT DOESN'T surprise me that you both said that..sick as it was. I'm very disappointed...


802 posted on 7/23/02 2:26 AM Central by ~Kim4VRWC's~
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Play your little games with someone. Thanks, bye, have a nice day.

[UCANSEE2]

I am relating the wrong statement to the tape. Sorry. Thanks, as Mostly your input has been the source of information about the tape.

Question: Will this tape be shown to the jury ? (if you know/heard)

Any clue as to what specifically the purpose of the showing of the tape would be.

Sound like a damn nosy reporter, huh?

[Freedom2specul8]

Jaded...everyone knows the excerpt ABOUT EVIDENCE (YES, unfortunately the evidence was about 1 PUBIC HAIR found in the MH, not on the sheets) from testimony was NOT about a pubic hair from a little 7yr old girl. You are the one who brought THAT up so go sing your song of game and dance to someone else.

[Rheo]

What was the point of the excerpt, it wasn't clear.

[dcwusmc]

Goodness. are you the chairwoman of the Westfield Vigilante Committee? I wouldn't want to be associated with such a disgusting outfit if it were me! But then, as I said to another poster, your dogmatic insistence on his guilt in the face of mitigating evidence does you no credit. At least wait until ALL the evidence is in before you decide to de-ball him and hang him. If it was him, I'll offer some dull hedgeclippers to nut the bustard before we tie him to the 4 horses to pull him apart... drawing and quartering would ALMOST be suitable for him...

[Freedom2specul8]

Rheo, I apologize but it doesn't matter anymore. Besides, it's really tough to post...we's got cable line problems out here in the the wilderness of the heartland..and it will hopefully get straightened out tomorrow.

The new thread was locked...see message from admin mod at the top. Weird eh?

[Jaded]

You as ususal missed the point. Which was what was the point? How selective of you. Well let's see it wasn't Westerfield's, who knows if it was Brenda's, don't know WHAT COLOR her hair is. So what was the point?
Guess you just got tired of talking about bugs, huh?

I have better things to do.

[Freedom2specul8]

LOL Granted, I can see why you might want to call someone who doesn't jump on the DW is innocent band wagon chairwoman of the vigilante committe...tell me, the chair person of DW is innocent committee is ? Are you their new PR person? :) Have a great day.. gotta go...

[Freedom2specul8]

Cya..

[cyncooper]

Goodness. are you the chairwoman of the Westfield Vigilante Committee?

Goodness, I knew perfectly well who the poster was referring to. The way that poster has gone from thread to thread mocking her was against forum protocol.

As to your thoughts about me. Why thanks for sharing. You've obviously missed a good deal of my posts and I've certainly never said "hang him". Funny all the leaping to conclusions by those on the "DW didn't do it" side.

[cyncooper]

Question: Will this tape be shown to the jury ? (if you know/heard)

It is not clear. We'll have to wait until tomorrow.

[Freedom2specul8]

basscleff signed up 2002-07-19. :)

[UCANSEE2]

How'd I do UCANSEE2

Good. I have seen many people's reactions on these threads, and usually if you throw a comment in their FACE, they can at least deal with it and respond. They may or may not take it with a sense of Humor (Kim is pretty good about that.)

But one thing I notice, talking behind their back, so to speak, always makes them (or me, or you) very upset, and rightly so.