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Porn Evidence Introduced In Westerfield Trial

Apparent Gaff 'Opens Door' For Prosecution

POSTED: 6:23 pm PDT June 25, 2002
UPDATED: 10:35 am PDT June 26, 2002

After a 30-minute delay, the David Westerfield trial has resumed, with computer forensic examiner James Watkins returning to the stand.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002

The delay was caused by a juror's late arrival and consultations between the judge and attorneys.

Westerfield, 50, is accused of kidnapping and killing 7-year-old Danielle van Dam in the first weekend of February. He faces the death penalty if convicted.

On Tuesday, prosecutors showed jurors 17 examples of still images and movies found on compact and zip discs.

The examples for the jury were part of 8,000 to 10,000 images found to be pornographic, according to Watkins (pictured, below). He said there were about 100,000 images of all types on the computers and discs in Westerfield's Sabre Springs house.

"You've represented (during cross-examination) that there's just 13 images that can be found against your client," Superior Court Judge William Mudd said angrily to defense attorney Steven Feldman, after jurors were excused from the courtroom. "Believe it or not, this is a search for the truth."

Mudd said the two sides and the judge spent days in pretrial hearings to determine which images would be allowed into evidence. Now, because Feldman has "opened the door," all the images discovered on the computer equipment are in evidence, he said.

Jim Watkins

The images police printed fill two large three-ring binders, with about 10 images per page.

Mudd told Feldman he purposely structured the prosecution's case to "minimize the prejudicial impact" on Westerfield.

"I didn't mean to open any doors," Feldman said. "If I did, it was inadvertent."

"The door has been opened like a barnyard," Mudd retorted.

The images jurors saw included several photos of nude females, who appeared to be teenagers. Others were drawings of girls. Three animations were movies, each with females screaming.

Three female jurors dabbed at their eyes at the end of the screening.

Video
Earlier, a police criminalist testified that orange and blue fibers discovered in Westerfield's laundry also were found on Danielle's body.

The discovery is significant because hairs from the girl and hairs from the van Dam family dog also were found in the laundry and bedding, Jennifer Shen testified.

The long orange acrylic fiber was found in hair tangled in the child's choker necklace, Shen said. She said she also found a short blue nylon fiber in Danielle's hair after it was cut off during an autopsy.

The girl's body was discovered under trees along Dehesa Road, east of El Cajon, on Feb. 27. That was more than three weeks after she was discovered missing from her Sabre Springs home.

Shen said more orange fibers were found in Westerfield's home than blue fibers. More than 20 orange fibers were discovered on items in the defendant's washing machine, and as many as 100 each in laundry found inside and on top of a dryer. More were found on a pillow case from the defendant's master bedroom.

"They definitely caught my attention right away," Shen told jurors. "I had seen a bright orange fiber on the victim."

She compared the fibers under a microscope, then sent them to Sacramento for further testing.

She concluded that the fiber found in the hair tangled in the necklace "could share a common source with the fiber in the bedding and the laundry."

Jennifer ShenOf the blue fibers, Shen (pictured, right) said 19 were found around Danielle's body and 10 were discovered in the defendant's laundry.

Prosecutor George "Woody" Clarke then asked her about the significance of the discoveries.

Shen noted the orange fiber found in the necklace was knotted in hair and covered with debris. She said she believed that meant the fiber was on the body when it was placed near Dehesa Road.

"I also think it's reasonable to conclude the fiber came in contact with her body at or near the time of death," Shen said.

Tanya DuLaney, another police criminalist testified Monday that she found six blond hairs similar to Danielle's on two sheets on Westerfield's bed in his home.

Tanya DuLaney Eighteen short animal hairs also were found in the lint, DuLaney (pictured, left) said.

The van Dam family has a dog named Layla.

Dog hairs also were found on a white towel in Westerfield's laundry room and a comforter seized from a Poway dry cleaners, DuLaney said.

The first witness in Tuesday's proceedings addressed the discovery of a hair on top of a gate at the side of the van Dam home. Melvyn Kong said the hair turned out to be from an animal.


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