Posted on 07/31/2002 9:20:15 PM PDT by FresnoDA
Prosecution's bug expert struggles on stand |
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SAN DIEGO The insect expert prosecutors hoped would destroy David Westerfield's chances for acquittal stumbled badly during his turn on the witness stand Tuesday, capping confusing, overly technical testimony with the admission he made basic math errors in his findings. Madison Lee Goff, one of the most experienced scientists in the small field of forensic entomology, blushed a deep red as a defense lawyer for the man accused of killing Danielle van Dam repeatedly confronted him with five separate errors in data he used to analyze bugs collected at the 7-year-old's autopsy. "I made a mistake adding," said Goff, the chair of the forensic science department at Honolulu's Chaminade University and one of only nine certified forensic entomologists in North America. Entomology has become a battleground as Westerfield's two-month long capital murder trial draws to a close. The strongest evidence for the defense comes from this field in which insect specialists use the age of maggots and flies decomposing a body to help determine a time of death. Danielle, abducted from her bedroom Feb. 1, was missing 26 days and when her body was finally found, the medical examiner was unable to pinpoint when she was killed. Two forensic entomologists hired by the defense said their analyses suggested her body was dumped along a roadside in mid-February, long after Westerfield was under constant police surveillance. Prosecutors, who have a pile of other evidence against Westerfield, including hair, blood and fingerprint evidence, hired Goff soon after the first defense entomologist testified. Goff said Tuesday he disagreed with the conclusions of both defense experts, but the time frame he offered, Feb. 9 to Feb. 14, was only slightly earlier than theirs and did not neatly fit the prosecution's theory that Danielle was killed between Feb. 2 and Feb. 4 while Westerfield claims he was on a solo camping trip. Prosecutor Jeff Dusek had to question his own expert in much the same way as he cross-examined the defense experts, hinting that variables in the weather and the disposal of Danielle's body cast doubt on the certainty of any entomological findings. Goff agreed that very hot, very dry weather conditions in San Diego in February might have mummified Danielle's 58-pound body almost immediately and that flies may not have been attracted to the desiccated body. A forensic anthropologist, called by the prosecution last week to cast doubt on the bug evidence, said the insects may have arrived later and only after coyotes and other animals began scavenging her body and Goff said this scenario seemed possible. He also said a covering, such as a blanket, might have kept flies at bay initially. No covering was found and Goff later said the longest delay by such a shroud was two and a half days. Much of his testimony was a detailed view into the mathematical nuts and bolts of his conclusions. Goff did not look at the bugs himself. Instead, he reviewed photos and the reports of the defense experts. He told jurors he came up with four separate time lines based on two different temperatures at two separate locations, a golf course a mile and a half from the crime scene and National Weather Service station farther away. Goff's testimony bounced between these four sets of findings and even after he said the lower temperature and the weather service station provided the most reliable, appropriate date, it was often unclear which findings he was referring to. He peppered his speech with entomological jargon like "accumulated degree hours" and referred to blowflies by their the Latin names. He talked about temperatures in Celsius degrees, frequently prompting Dusek to ask for a Fahrenheit translation. Much of his work seemed lost on jurors, who stopped taking notes early on in his testimony. On cross-examination, defense lawyer Steven Feldman grilled him about the way he calculated the day-to-day temperatures which dictate how fast an insect grows. Goff explained the process, but then Feldman handed him a pocket calculator and asked him to review his findings. With the courtroom completely silent, Goff added rows of figures and discovered his errors. Feldman asked him if the mistakes effected the accuracy of his estimates and Goff said they did. Several jurors picked up their notebooks and began writing rapidly. A few minutes later, under questioning by Dusek, Goff said the slip ups made little difference in the ultimate conclusions. And as he had earlier in his testimony, he emphasized to jurors that his was an extremely narrow study of bugs, not a "stopwatch" for determining time of death. "We're establishing a minimum period of time the insects have been feeding on the body," said Goff. "Are you establishing a time of death?" asked prosecutor Jeff Dusek. "No, that's outside our area of expertise," said Goff. Danielle's parents, Brenda and Damon van Dam, watched most of the testimony from the back row of the courtroom, occasionally flinching as Goff described the condition of their daughter's remains. The prosecution rested its rebuttal case after Goff's testimony. There will be no witnesses Wednesday and the defense will put on its sur-rebuttal case Thursday. Closing arguments could happen as early as next Monday. Also Tuesday, a lab technician testified that orange clothes some law enforcement officers wore when searching Westerfield's house were not the source of fibers found in both the defendant's home and in Danielle's necklace. The trial is being broadcast live on Court TV. |
SAN DIEGO ---- A forensic entomologist called by the prosecution testified Tuesday that ants and animals may have carried away the evidence needed to determine when 7-year-old murder victim Danielle van Dam was first exposed to the elements.
The last days of David Westerfield's trial on charges of kidnapping and murdering Danielle are likely to be dominated by more dueling testimony on exactly when the child's nude body was dumped along a rural road in the East County.
Pool Photo |
San Diego Police Department Detective Maura "Mo" Parga, testified about clothes she wore when she visited the home of defendant David Westerfield, during proceedings Tuesday morning at the San Diego courthouse. |
So far, two other entomologists, a forensic anthropologist and the medical examiner have given different estimates on when she died. The earliest date stretches back to before she disappeared on Feb. 2. A defense bug expert gave the latest date, putting Danielle's death six to 13 days before volunteer searchers discovered the girl on Feb. 27.
The issue is key to the defense of Westerfield, who was under 24-hour surveillance within three days of Danielle's disappearance.
On Day 24 of the trial, forensic entomologist Madison Lee Goff became the third bug expert to offer an estimate.
He also questioned the methods used by defense bug expert Neal Haskell, who determined Danielle's body was left in Dehesa six to 13 days before she was found. Later, Goff was forced to admit mistakes in his own calculations.
Goff said Feb. 9 was most likely when flies deposited the larvae that was found on Danielle's body, but he couldn't say whether it corresponded with her time of death.
"I only study the insects," he said. "I don't have a stop watch."
He had stretched the date back as far as Feb. 2, the day Danielle was reported missing, until Westerfield's attorney pointed out mistakes Goff made in determining how fast the flies developed. Goff said those errors might affect the accuracy of the earliest estimate.
The chair of the forensic science department at Chaminade University in Honolulu, Goff wrote "A Fly for the Prosecution," a book about using insect activity to help solve crimes.
Goff said ants or scavenging animals might have wiped out the first round of fly eggs, making it appear Danielle's body was left exposed for a shorter period of time.
How damaging Goff's testimony is to the defense case depends largely on much how of his disjointed testimony jurors were able to understand. Many of his answers were so laced with scientific lingo that even attorneys repeatedly asked him to simplify his academic language.
Goff said he used reports from the medical examiner, two other entomologists ---- including Haskell ---- weather reports and photographs of Danielle's body to make his conclusions.
After Goff's testimony, prosecutors rested their rebuttal case. The defense will begin calling witnesses for rebuttal on Wednesday. Judge William Mudd told jurors he expects them to begin deliberating by next week.
Westerfield could face the death penalty if convicted of kidnapping and murdering Danielle. He also faces a misdemeanor charge of possessing child pornography. Westerfield, a design engineer and twice divorced father of two, lived two houses down from the van Dams.
Mudd told jurors he has not ruled on a defense request to keep them sequestered during the deliberations, but he said he was leaning against it. He also asked them to limit any media exposure about the murder earlier this month of 5-year-old Samantha Runnion, who was snatched kicking and screaming from outside her family home in Orange County.
Police have said that little girl was sexually assaulted before her nude body was dumped along a rural road in Riverside County ---- in a situation somewhat similar to Danielle's death.
Earlier in the day, three other prosecution witnesses briefly took the stand.
The lead detective in Danielle's murder testified he saw some ants around the area where the little girl's body was found. Detective Sgt. William Holmes also testified he calculated that Westerfield drove his motor home 552 miles during a rambling trek from the beach to the desert and back to the beach the weekend Danielle disappeared.
Previous experts have testified Danielle's blood, hair and fingerprints were found in Westerfield's motor home. The defense has suggested she might have gotten inside the vehicle to play hide-and-go-seek when Westerfield had it parked outside his home.
Holmes testified he measured the distance from the ground to the knob of the side door of the motor home and found it was slightly more than five feet. Danielle was about a foot shorter. But, Holmes said he didn't measure the distance from a street curb, which would have taken away several inches.
The prosecution also submitted as evidence several red and orange shirts detectives and dog handlers were wearing when they went into Westerfield's house after Danielle disappeared. A criminalist testified fibers from the shirts were different materials than bright orange fibers found during Danielle's autopsy and in Westerfield's 4-Runner.
Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.
Lee Goff, the chairman of the forensic science department at Chaminade University of Honolulu, testifies during the trial of David Westerfield Tuesday, July 30, 2002, in San Diego. Westerfield is charged with the kidnapping and murder of seven-year-old Danielle van Dam. (AP Photo/Dan Trevan, Pool)
Uhm...Dr. Goff, did you write this book?Is this the book, you wrote, where you stated that bugs can determine the TOD (Time of death)?Or are you not sure?While I have you here, would you sign my copy? |
Tue Jul 30, 8:05 PM ET |
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OK Mr. Dusek. Could you let me know when you will be objecting...then I will be ready to sustain.....I already know what I will over rule Feldman on.... |
Tue Jul 30, 8:04 PM ET |
Judge William D. Mudd discusses, with attorneys, evidence to be admitted during the trial of David Westerfield Tuesday, July 30, 2002, in San Diego. Westerfield is charged with the kidnapping and murder of seven-year-old Danielle van Dam. (AP Photo/Dan Trevan, Pool) |
That is something that originated because the numerical value of the Hebrew word for mud, botz, has the same numerical value as the name Muhammad.
Thus the Prophet's name was mud, mathematically.
This judge has been so prejudicial that any appeals court at all would order a new trial from the beginning for poor Mr. Westerfield, and almost certainly would not allow any allegations about porn on his computers to be brought into this trial.
That is something that originated because the numerical value of the Hebrew word for mud, botz, has the same numerical value as the name Muhammad.
Thus the Prophet's name was mud, mathematically.
This judge has been so prejudicial that any appeals court at all would order a new trial from the beginning for poor Mr. Westerfield, and almost certainly would not allow any allegations about porn on his computers to be brought into this trial.
Dr. Mudd was later interogated, investigated, slandered and libeled until his "name was mud."
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