10News.com

10 In The Community
The Law TV
Show Your Love
Sustain San Diego
10 News Leadership Award
The Cool TV
San Diego News
Share
E-Mail News Alerts
Get breaking news and daily headlines.
Browse all e-mail newsletters

Westerfield: Desert A 'Great Place To Dump A Body'

Damon Van Dam Allowed Back Into Court

POSTED: 8:45 am PDT July 11, 2002
UPDATED: 2:14 pm PDT July 11, 2002

During a drive in the desert to show detectives where he camped the weekend a neighbor girl disappeared, David Westerfield commented that the area would be a "great place to dump a body," according to an affidavit released Thursday.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Later that day, when a detective said it would be nice to know where 7- year-old Danielle van Dam's body was located, Westerfield told him to just be patient and police "will get the information they need," the affidavit states.

When asked when that would be, Westerfield said it would be sooner than they think, according to the affidavit.

A total of five affidavits used to support search warrants during the investigation of Westerfield were released at the San Diego County Courthouse.

The release came at the beginning of an 11-day break in Westerfield's trial.

Before that break, the judge in the case ruled that Danielle's father will be allowed back into the courtroom where her alleged killer is on trial, providing that he refrain from staring at the defendant.

Superior Court Judge William Mudd said he would give Damon van Dam another chance because he was satisfied that "he's had enough time to think about this."

"But you should know, Mr. van Dam, if I get one report of one incident, I will bar you from the courthouse," Mudd said.

Mudd was ruling on a motion by van Dam asking to be reinstated as an observer in the trial.

"They (the van Dams) want to be in court to provide emotional support for each other," said attorney Spencer Busby, representing van Dam.

Saying he had "reached the limit," the judge barred Damon van Dam from the courtroom and third floor of the San Diego County Courthouse on June 25 on grounds that van Dam was trying to stare down accused murderer David Westerfield.

"Mr. Westerfield's position is, he has no problem with their presence, but we do have safety concerns," defense attorney Steven Feldman said.

Prosecutor Jeff Dusek said he will make sure the van Dams are prepared to hear autopsy information and what the defense may say about their lifestyle "so that any visible reaction from them at closing will be muted."

The trial is now in recess until July 22, while Mudd vacations with his wife.

Westerfield, 50, is charged with murder, kidnapping, possession of child pornography and a special circumstance of murder during a kidnapping. He faces the death penalty if convicted.

In testimony Wednesday, insect expert David Faulkner testified that Danielle van Dam's body was first invaded by insects 10 to 12 days before it was found Feb. 27. But the entomologist told a prosecutor that the body could have been there longer.

Faulkner said he based his opinion on flies, beetles and the larvae of flies recovered from the victim's body during an autopsy and at the recovery site near Dehesa Road, in San Diego's East County.

Insect activity around a body can be used to estimate the time of death in some legal actions, including murder cases.

Attorneys for Westerfield said Faulkner's findings prove their client could not have killed the 7-year-old because he was under 24-hour police surveillance from Feb. 5 until his arrest on Feb. 22.

Video
Defense attorney Feldman asked Faulkner (pictured, right) if he realized that his opinion -- and how it could tie into time of death -- could cause a problem for law enforcement.

But Faulkner declined to be pinned down by the defense. "I had in my notes that the person may have been dead longer," the entomologist replied.

Under questioning by Dusek, Faulkner said he was providing only a range of dates when the insects may have laid their eggs on the body.

Dusek asked the entomologist whether he could estimate the maximum amount of time that the flies and beetles had invaded the body.

"It's very difficult to do," Faulkner testified.

"The science just isn't that good, is it?" the prosecutor asked.

Faulkner reiterated the minimum time the insects were there but couldn't say what the maximum time was.

Also Wednesday, Westerfield's former live-in girlfriend testified that Westerfield got forceful when he drank.

"Susan L." said the self-employed design engineer's drinking was part of the reason she left him.

"When the defendant would be drinking, would he be kind of forceful?" Dusek asked the witness.

"I remember an occasion when he did," the witness testified.

The woman said she had just broken up with Westerfield when she saw on television that he was a suspect in the second-grader's Feb. 2 disappearance.

The woman, whose full name was not disclosed in court because her own daughter was involved in the case, started to cry when Dusek asked her about the last time she had seen Westerfield.

"You still like him, don't you?" Dusek asked her.

"I care about him," she said as she broke down.


Advertiser Links

Sponsored Links