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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

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.

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

Video
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.

Neal Haskell "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.


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