Final Arguments Expected Next Week
Defense Says It Won't Take Long
POSTED: 6:37 pm PDT July 23, 2002
UPDATED: 8:59 am PDT July 24, 2002
SAN DIEGO -- An attorney for David Westerfield said the defense expects to rest its case Wednesday after calling a pair of witnesses to testify about media coverage of the disappearance and death of Danielle van Dam.
Steven Feldman made the announcement Tuesday morning shortly before Superior Court Judge William Mudd closed the courtroom to the public while attorneys discussed evidence and potential rebuttal witnesses who may be called over the next several days.Feldman characterized one of Wednesday's witnesses as an "expert."The defense recently received videotapes subpoenaed from a number of local television stations.The subpoenas were for videotape shot on Feb. 27-28 of the East County location where the body of the 7-year-old girl was found, 10News reported.Monday, the defense brought in boards containing still photographs from television footage. Most of the shots were of the Sabre Springs neighborhood where Westerfield and the victim lived.The boards have not yet been shown to the jury.Before Tuesday's session was closed to the public, Mudd ordered prosecutor Jeff Dusek to be ready with his rebuttal case as soon as the defense is finished.Dusek declined to read aloud his list of rebuttal witnesses, instead showing a list to Feldman.Dusek said he was "concerned about contact with the individuals by non-court personnel."
Westerfield (pictured, right), 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.The jury was off after returning Monday from an 11-day break during which time Mudd took his wife on a cruise -- one which had been scheduled far in advance. The attorneys agreed to the interruption.When the trial resumed, 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 testified that blow flies 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 (pictured left), 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 blow flies lay eggs in newly dead bodies. Temperatures during February were not cold enough to inhibit the fly's 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 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 motorhome 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 doesn't change your opinion that the body wasn't set out there before Feb. 10" defense attorney Steven Feldman asked when he resumed questioning."That's correct," Haskell said.
![]() 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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"I concluded the time of colonization for the decedent would have been the 14th of February to the 20th of February," said Haskell (pictured left), 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 blow flies lay eggs in newly dead bodies. Temperatures during February were not cold enough to inhibit the fly's 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 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 motorhome 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 doesn't change your opinion that the body wasn't set out there before Feb. 10" defense attorney Steven Feldman asked when he resumed questioning."That's correct," Haskell said. Previous Stories:
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- 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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