Prosecution Wraps Up, For Now
Defense Case May Last To Late July
POSTED: 6:19 pm PDT July 2, 2002
UPDATED: 9:03 am PDT July 3, 2002
SAN DIEGO -- David Westerfield did not follow his typical routine with his motor home the weekend 7-year-old Danielle van Dam disappeared, a neighbor testified as the defense began presenting its case Tuesday.
Janet Roehr, who lives across the street from Westerfield in Sabre Springs, said the defendant typically left the 35-foot motor home at his house overnight before leaving for a trip.He usually unloaded and cleaned it at home following a trip, she said, and normally had someone help him.Roehr said she only saw the 1997 Southwind for a few minutes the afternoon after the girl was discovered to be missing from the neighborhood. She didn't see it again.Her husband, Mark, testified he did not see the motor home the day before.The testimony likely did not help the defense case, which began directly after the midday lunch break. Three witnesses took the stand in the morning before the prosecution rested.
Janet Roehr (pictured, right) said she saw the youngest child of Brenda and Damon van Dam chase a ball across the street just two weeks ago."Did you see the parents anywhere?" defense attorney Robert Boyce asked."No, I didn't," Roehr answered.She said that she had to leave her house and help the boy back across the street.The van Dams testified earlier in the trial that they kept their children under tight rein, able to play alone along the sidewalk near their house but never across the street.The defense has portrayed Sabre Springs as a family neighborhood filled with children.Under cross-examination by Deputy District Attorney Jeff Dusek, both Roehrs said they never saw young children in the defendant's motor home.Westerfield, a 50-year-old self-employed design engineer, could be sentenced to death if convicted of kidnapping and murdering the second-grader, who lived down the street from his home.He also faces misdemeanor possession of child pornography charges.Westerfield's next-door neighbor, Paul Hung, testified that he saw the defendant's motor home parked near Westerfield's home about 8:30 a.m. on Feb. 2, the day Danielle turned up missing."I saw the motor home parked on the side (of the house)," Hung said. "No, I didn't see David that morning."Hung testified that a half-hour later, the motor home was gone.That night, Westerfield was not around as searchers combed the area around the van Dam home, Hung testified.Detective Johnny Keene was recalled to the stand and told Dusek that Westerfield was questioned the morning of Feb. 4 and again that afternoon and night.In between, the defendant was free to do what he wanted, Keene testified.Defense attorneys have alleged that Westerfield -- even though he wasn't under arrest -- couldn't leave and hadn't eaten when he spoke to authorities.
The final prosecution witness, Dr. Joy Halverson (pictured, left), of Quest-Gen Forensics in Davis, testified that the mitochondrial DNA found in four of five hair samples could have come from Layla, the van Dam family's dog.Halverson said she found a complete match in two samples. She also said she found nothing to exclude the canine as a source for the hair.Two samples with the full match came from Westerfield's motor home, according to a chart prepared by the prosecution. One was in the hallway carpet, the other on a bathmat.The evidence gave the prosecution another link between Westerfield and the slain youngster, who was found dead east of El Cajon on Feb. 27.Last week, another DNA expert, Holly Ernst of UC Davis, said she was unable to get results from the samples that she could reproduce.Halverson, though, said Layla's DNA sequence was found in 23 of 267 dogs in her database, or one in nearly 12.Those numbers, though, are where she ran into trouble in cross-examination by defense attorney Steven Feldman.Halverson admitted a mathematical error when she narrowed the field in her database from 358 dogs to 267. She said she filed an amended report. The chart shown to jurors gave a third set of numbers."Is it good science to make a mathematical error three times in the same data set?" Feldman asked.Halverson called it human error.Earlier Tuesday, a volunteer dog handler testified that he sent an e-mail saying he "was bursting with pride" on the day Westerfield was arrested in connection with Danielle's disappearance.
Jim Frazee (pictured, right), who volunteers with the San Diego County Sheriff's Department, sent the e-mail to three friends on Feb. 22 -- 16 days after his dogs examined Westerfield's motor home at an impound lot on Aero Drive.Frazee testified last week that one of the dogs, Cielo, gave an alert signal at the door to an exterior storage compartment on the passenger side of the vehicle while searching for the child's remains.Under cross-examination by Boyce today, Frazee said he did not mention the alert in a report he filed because police investigators asked for the results to remain confidential."On Feb. 6, you don't recall telling anyone what the dog found?" Boyce asked."I don't recall what I told them," Frazee said.The defense concentrated on the fact that, with no other report filed, the only evidence of Cielo's alert came from the e-mail after the defendant's arrest.Boyce quoted Frazee's e-mail, which he said stated: "I wasn't sure, but I thought Cielo was giving his cadaver alert. I thought he may have been doing this just to please me. Today, however, came word of the suspect's arrest and that they found blood in the motor home."Frazee said the arrest raised his confidence in Cielo's finding.Frazee's supervisor, reserve sheriff's Lt. Rosemary Redditt, said she watched Cielo's search of the outside of the motor home and had no trouble recognizing the dog's alert at the storage door.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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The final prosecution witness, Dr. Joy Halverson (pictured, left), of Quest-Gen Forensics in Davis, testified that the mitochondrial DNA found in four of five hair samples could have come from Layla, the van Dam family's dog.Halverson said she found a complete match in two samples. She also said she found nothing to exclude the canine as a source for the hair.Two samples with the full match came from Westerfield's motor home, according to a chart prepared by the prosecution. One was in the hallway carpet, the other on a bathmat.The evidence gave the prosecution another link between Westerfield and the slain youngster, who was found dead east of El Cajon on Feb. 27.Last week, another DNA expert, Holly Ernst of UC Davis, said she was unable to get results from the samples that she could reproduce.Halverson, though, said Layla's DNA sequence was found in 23 of 267 dogs in her database, or one in nearly 12.Those numbers, though, are where she ran into trouble in cross-examination by defense attorney Steven Feldman.Halverson admitted a mathematical error when she narrowed the field in her database from 358 dogs to 267. She said she filed an amended report. The chart shown to jurors gave a third set of numbers."Is it good science to make a mathematical error three times in the same data set?" Feldman asked.Halverson called it human error.Earlier Tuesday, a volunteer dog handler testified that he sent an e-mail saying he "was bursting with pride" on the day Westerfield was arrested in connection with Danielle's disappearance.
Jim Frazee (pictured, right), who volunteers with the San Diego County Sheriff's Department, sent the e-mail to three friends on Feb. 22 -- 16 days after his dogs examined Westerfield's motor home at an impound lot on Aero Drive.Frazee testified last week that one of the dogs, Cielo, gave an alert signal at the door to an exterior storage compartment on the passenger side of the vehicle while searching for the child's remains.Under cross-examination by Boyce today, Frazee said he did not mention the alert in a report he filed because police investigators asked for the results to remain confidential."On Feb. 6, you don't recall telling anyone what the dog found?" Boyce asked."I don't recall what I told them," Frazee said.The defense concentrated on the fact that, with no other report filed, the only evidence of Cielo's alert came from the e-mail after the defendant's arrest.Boyce quoted Frazee's e-mail, which he said stated: "I wasn't sure, but I thought Cielo was giving his cadaver alert. I thought he may have been doing this just to please me. Today, however, came word of the suspect's arrest and that they found blood in the motor home."Frazee said the arrest raised his confidence in Cielo's finding.Frazee's supervisor, reserve sheriff's Lt. Rosemary Redditt, said she watched Cielo's search of the outside of the motor home and had no trouble recognizing the dog's alert at the storage door. Previous Stories:
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Damon Van Dam Kicked Out Of Courtroom
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
- June 12, 2002: Westerfield Interview Heard; Neighbor Says Blinds Shut
- June 12, 2002: Westerfield Trial: KGTV Reporter Takes Stand
- June 11, 2002: Van Dam Friends Take Stand; Westerfield 'Creepy'
- June 7, 2002: Westerfield Trial Focuses On Van Dam Lifestyle
- June 6, 2002: Day 3: Brenda Van Dam, Dad's Bar
- June 6, 2002: Brenda Van Dam Testifies In Westerfield Trial
- June 6, 2002: Day 2: Damon Van Dam, Autopsy Photos
- June 5, 2002: Damon Van Dam Takes Witness Stand
- June 4, 2002: Westerfield Trial Starts; Witnesses Take Stand
- June 3, 2002: Westerfield Trial Set To Get Under Way
- May 31, 2002: Westerfield Trial Jury Selection Complete
- May 31, 2002: Westerfield Trial Scheduled To Start Tuesday
- May 30, 2002: Jury Selection In Westerfield Trial Enters Third Day
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
- May 8, 2002: Reporters Called In Westerfield Trial
- May 8, 2002: DA: Danielle Was Suffocated By Westerfield
- May 7, 2002: Pretrial Motions Start In Westerfield Case
- May 2, 2002: Westerfield Pretrial Motions To Remain Sealed
- May 1, 2002: Court: Westerfield Affidavits To Remain Sealed
- April 25, 2002: DA To Seek Death Penalty Against Westerfield
- April 19, 2002: Westerfield Given Limited Access To Police Records
- April 18, 2002: Press Kept Out Of Van Dam Murder Case
- April 18, 2002: Judge Reviews Cops' Files In Van Dam Murder Case
- April 17, 2002: Westerfield Fights To Keep Search Warrants Sealed
- April 15, 2002: DA: Deny Westerfield Access To Police Records
- April 12, 2002: Lie-Detector Specialist: Westerfield 'Deceptive'
- April 11, 2002: Documents: Dogs Alerted Police To Westerfield
- April 11, 2002: No Live Press For Westerfield Pretrial Hearings
- April 4, 2002: Westerfield Lawyer: Client Abused By Police
- March 28, 2002: Trial Date Set For Van Dam Murder Case
- March 28, 2002: Westerfield To Make Court Appearance
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- March 13, 2002: Westerfield Hearing Takes A Break
- March 12, 2002: Testimony: Police Find Porn On Westerfield's Computer
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 8, 2002: Gag Order Issued In Van Dam Murder Case
- March 7, 2002: Police Acted Inappropriately Toward Westerfield
- March 4, 2002: Westerfield Affidavits To Remain Sealed
- February 27, 2002: Search Warrants Show Police Sought Child Porn
- February 27, 2002: Danielle's Parents Respond To Neighbor's Arraignment
- February 26, 2002: Van Dam Neighbor To Be Arraigned
- February 26, 2002: Westerfield To Be Charged With Murder
- February 25, 2002: Danielle's Blood Found On Neighbor's Clothing
- February 14, 2002: Police Search Neighbor's House Again
- February 8, 2002: Police: Westerfield Had Child Porn
- February 8, 2002: Investigation Operations Base Leaves North County
- February 8, 2002: Search For Danielle Goes Nationwide
- February 5, 2002: Police Question Neighbor In Missing Girl Case
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