Westerfield Trial Takes Another Day Off
Judge, Attorneys To Go Over Upcoming Witnesses, Evidence
POSTED: 7:44 am PDT July 23, 2002
UPDATED: 7:55 am PDT July 23, 2002
SAN DIEGO -- Just a day after returning from an 11-day break, the jury in the David Westerfield trial has another day off Tuesday so the judge and attorneys can go over upcoming witnesses and evidence.
Judge William Mudd said that Tuesday's hearing will involve potential witnesses the prosecution could call in their rebuttal case, which is likely to start this week.
Watch LIVE Coverage Of Trial Wednesday @ 9 a.m. The hearing could also involve videotapes subpoenaed by the defense from local television stations. Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in the February death of the 7-year-old Sabre Springs girl. He faces the death penalty if convicted of the felonies. When the trial resumed Monday after its lengthy break, Westerfield's attorneys focused on entomological evidence in an effort to show he wasn't the one who put van Dam's body where it was found.
Forensic entomologist Neal Haskell (pictured, right) testified that blowflies did not colonize the body of the 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. The Sabre Springs second-grader was discovered missing Feb. 2. Her body was discovered beside a road east of El Cajon Feb. 27 -- five days after Westerfield's arrest. The defense says Westerfield was under tight police surveillance beginning Feb. 5, making it physically impossible for him to have placed the body there. Haskell, based in Northern Indiana, said blowflies lay eggs in newly dead bodies. Temperatures during February were not cold enough to inhibit the flies' activities, he testified. 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. Under cross-examination by prosecutor Jeff Dusek, Haskell said he worked under the assumption that Danielle was placed in Dehesa at the time of her death -- or was killed there. When Dusek suggested the body may have been transported around the desert in a motor home for 24-36 hours, Haskell agreed decomposition and the drying effects of mummification could have been enhanced, but not enough to inhibit insect activity. "Just because we have mummification, that doesn't change your opinion that the body wasn't set out there before February 10th?" defense attorney Steven Feldman asked when he resumed questioning. "That's correct," Haskell said. Dusek also attacked temperature data Haskell used to form his conclusion. Temperatures, according to courtroom testimony, could affect the speed of decomposition of a body and the speed of insect activity. Haskell said that he used temperatures taken from the National Weather Service at Brown Field in Otay Mesa. The airfield is more than 15 miles from where the body was discovered. Haskell told the court he "was comfortable" using the Brown Field data because the elevation was about the same as that of the recovery site. He also said he did not see the types of insect larvae he might observe if the body was out in the open for a long time. San Diego police detective James Tomsovic testified Monday that he discovered a "drag trail" about 80-90 feet from where the child's body was discovered. "There was pieces of hair -- appeared to be blond human hair," Tomsovic said of the 42-foot trail. "Most of the entire length of the drag mark had a greasy smear to it." The trail, he said, was too big to have been made by a foot, which was missing from the body, but too small to have been made by the body itself. The drag mark did not appear to lead to or from the body, Tomsovic said. The significance of his testimony, called for by the defense, was not immediately clear.
![]() 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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Previous Stories:
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- 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 5, 2002: Cases Outlined In Westerfield Trial
- 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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