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Westerfield Computer Had 85 Questionable Images

Prosecution Believes Material Provides Motive For Crime

POSTED: 11:42 am PDT June 26, 2002
UPDATED: 2:53 pm PDT June 26, 2002

A police computer expert testified Wednesday that 85 sexually oriented images of underage females were found on computer equipment belonging to David Westerfield, who is accused of killing 7-year-old Danielle van Dam.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Computer forensic examiner James Watkins said that the images were among at least 8,000 deemed to be pornographic. There were a total of 100,000 images on the computer, but many were simply the icons and arrows which make operating systems work.

Westerfield, 50, is charged with murder and kidnapping in the death of Danielle. He is also charged with misdemeanor possession of child pornography.

The prosecution believes the sexually oriented material provided the motive for the crime.

Under cross-examination by defense attorney Steven Feldman, Watkins conceded that what he called "questionable images" made up only a small portion of what was discovered.

"What percent is 85 out of 100,000?" Feldman asked.

"Obviously less than one percent," Watkins answered.

"What percentage is 85 of 8,000?" Feldman inquired.

"About one percent."

Watkins told Feldman he found "borderline" images in which he could not be certain the females depicted were under the age of 18. He said he gave the benefit of the doubt to the defendant in those cases.

Feldman tread on dangerous territory after receiving a tongue-lashing from Superior Court Judge William Mudd at the end of the day Tuesday.

Video
"You've represented that there's just 13 images that can be found against your client," Mudd said angrily to Feldman, after jurors were excused.

"Believe it or not, this is a search for the truth," the judge told Feldman. "And the truth is there are more than 13 images."

In his comments after the jury was excused, Mudd said that he and the two sides had spent days in pretrial hearings to determine which images would be allowed into evidence.

At first, only those samples shown Tuesday would have been allowed. Now, because Feldman has "opened the door," all the images discovered on the computer equipment are in evidence, he said.

Mudd told Feldman he had 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 were movies, each with females screaming.

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

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

Video

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.

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 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.


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