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Westerfield Trial Resumes After 11-Day Break

Damon Van Dam Allowed Back In Courtroom

POSTED: 8:20 a.m. PDT July 22, 2002
UPDATED: 4:12 p.m. PDT July 22, 2002

David Westerfield's trial resumed Monday after an 11-day break with his attorneys again focusing on entomological evidence in an effort to show he was not the one who put Danielle van Dam's body where it was found.

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

Watch LIVE Coverage Of Trial Wednesday @ 9 a.m.

Neal Haskell

Forensic entomologist Neal Haskell (pictured, right) testified that blow flies did not colonize the body of the 7-year-old girl until at least Feb. 12 -- a time when Westerfield was under constant police surveillance.

"I concluded the time of colonization for the decedent would have been the 14th of February to the 20th of February," said Haskell, adding that the colonization could have occurred on the 12th or 13th in extreme cases.

Danielle van Dam's body was discovered beside a road east of El Cajon Feb. 27, five days after Westerfield's arrest.

The defense said Westerfield was under tight police surveillance beginning Feb. 5, making it physically impossible for him to have placed the body there.

Haskell said blow flies lay eggs in newly dead bodies. Temperatures during February were not cold enough to inhibit the fly's activities, he testified.

Before the break in the trial, the defense called to the stand forensic entomologist David Faulkner, who testified that the victim's body was invaded by insects only 10-12 days before it was discovered near a road east of El Cajon on Feb. 27.

The defense argues that the testimony on when the insect-invasion occurred proves Westerfield was not the killer because he was under constant police surveillance from Feb. 5 up to his arrest Feb. 22.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography. He could face the death penalty if convicted on the felony counts.

The last time testimony was heard in the trial was July 10, before Superior Court Judge William Mudd took a long-planned vacation with the approval of attorneys on both sides.

Meantime, the victim's father, Damon van Dam was in the courtroom Monday for the first time in nearly a month.

Mudd barred van Dam from the courtroom on June 25, labeling him a "security risk" for staring down Westerfield when the defendant was moved through the hallways of the courthouse.

The building has no private passageways for defendants, so Westerfield has to use elevators and public hallways to reach Mudd's courtroom, accompanied by four sheriff's deputies.

One deputy saw van Dam staring in the window of the courtroom when Westerfield was brought in, Mudd said in his ruling.

Van Dam later filed for reinstatement, which Mudd approved during a special hearing July 11, saying he would give van Dam another chance because he was satisfied that "he's had enough time to think about this."

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


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