Posted on 07/31/2002 9:20:15 PM PDT by FresnoDA
Prosecution's bug expert struggles on stand |
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SAN DIEGO The insect expert prosecutors hoped would destroy David Westerfield's chances for acquittal stumbled badly during his turn on the witness stand Tuesday, capping confusing, overly technical testimony with the admission he made basic math errors in his findings. Madison Lee Goff, one of the most experienced scientists in the small field of forensic entomology, blushed a deep red as a defense lawyer for the man accused of killing Danielle van Dam repeatedly confronted him with five separate errors in data he used to analyze bugs collected at the 7-year-old's autopsy. "I made a mistake adding," said Goff, the chair of the forensic science department at Honolulu's Chaminade University and one of only nine certified forensic entomologists in North America. Entomology has become a battleground as Westerfield's two-month long capital murder trial draws to a close. The strongest evidence for the defense comes from this field in which insect specialists use the age of maggots and flies decomposing a body to help determine a time of death. Danielle, abducted from her bedroom Feb. 1, was missing 26 days and when her body was finally found, the medical examiner was unable to pinpoint when she was killed. Two forensic entomologists hired by the defense said their analyses suggested her body was dumped along a roadside in mid-February, long after Westerfield was under constant police surveillance. Prosecutors, who have a pile of other evidence against Westerfield, including hair, blood and fingerprint evidence, hired Goff soon after the first defense entomologist testified. Goff said Tuesday he disagreed with the conclusions of both defense experts, but the time frame he offered, Feb. 9 to Feb. 14, was only slightly earlier than theirs and did not neatly fit the prosecution's theory that Danielle was killed between Feb. 2 and Feb. 4 while Westerfield claims he was on a solo camping trip. Prosecutor Jeff Dusek had to question his own expert in much the same way as he cross-examined the defense experts, hinting that variables in the weather and the disposal of Danielle's body cast doubt on the certainty of any entomological findings. Goff agreed that very hot, very dry weather conditions in San Diego in February might have mummified Danielle's 58-pound body almost immediately and that flies may not have been attracted to the desiccated body. A forensic anthropologist, called by the prosecution last week to cast doubt on the bug evidence, said the insects may have arrived later and only after coyotes and other animals began scavenging her body and Goff said this scenario seemed possible. He also said a covering, such as a blanket, might have kept flies at bay initially. No covering was found and Goff later said the longest delay by such a shroud was two and a half days. Much of his testimony was a detailed view into the mathematical nuts and bolts of his conclusions. Goff did not look at the bugs himself. Instead, he reviewed photos and the reports of the defense experts. He told jurors he came up with four separate time lines based on two different temperatures at two separate locations, a golf course a mile and a half from the crime scene and National Weather Service station farther away. Goff's testimony bounced between these four sets of findings and even after he said the lower temperature and the weather service station provided the most reliable, appropriate date, it was often unclear which findings he was referring to. He peppered his speech with entomological jargon like "accumulated degree hours" and referred to blowflies by their the Latin names. He talked about temperatures in Celsius degrees, frequently prompting Dusek to ask for a Fahrenheit translation. Much of his work seemed lost on jurors, who stopped taking notes early on in his testimony. On cross-examination, defense lawyer Steven Feldman grilled him about the way he calculated the day-to-day temperatures which dictate how fast an insect grows. Goff explained the process, but then Feldman handed him a pocket calculator and asked him to review his findings. With the courtroom completely silent, Goff added rows of figures and discovered his errors. Feldman asked him if the mistakes effected the accuracy of his estimates and Goff said they did. Several jurors picked up their notebooks and began writing rapidly. A few minutes later, under questioning by Dusek, Goff said the slip ups made little difference in the ultimate conclusions. And as he had earlier in his testimony, he emphasized to jurors that his was an extremely narrow study of bugs, not a "stopwatch" for determining time of death. "We're establishing a minimum period of time the insects have been feeding on the body," said Goff. "Are you establishing a time of death?" asked prosecutor Jeff Dusek. "No, that's outside our area of expertise," said Goff. Danielle's parents, Brenda and Damon van Dam, watched most of the testimony from the back row of the courtroom, occasionally flinching as Goff described the condition of their daughter's remains. The prosecution rested its rebuttal case after Goff's testimony. There will be no witnesses Wednesday and the defense will put on its sur-rebuttal case Thursday. Closing arguments could happen as early as next Monday. Also Tuesday, a lab technician testified that orange clothes some law enforcement officers wore when searching Westerfield's house were not the source of fibers found in both the defendant's home and in Danielle's necklace. The trial is being broadcast live on Court TV. |
GOLDEN COMMENTS ON THE DW THREADS
convicted felons can't vote unless their rights have been restored or they are democrats
by rolling_stone
"Well, EXCUSE me, Mr. Feldman, what's a couple of math errors? We have a dead child, a beautiful little girl, brutally murdered by a monster, deposited like TRASH, on the side of the road, and YOU'RE concerned with MATH?!" "Give me a BREAK"
! by spectre (sw)
I find it interesting that those without a political agenda ALL FIND HIM NOT GUILTY
by mouser
Best case scenario is a hung jury.
And you hear thunder before you see the lightning ?
up is down --war is peace. What color is the sky on your planet ?
by dread78645
"A Fly Lie for the prosecution."
by dread78645
Bottom line is, Dusek should not have reopened his taken this case. If they really wanted a conviction, I don't know why Dusek was selected. Maybe he IS the sacrificial lamb after all.
by Southflanknorthpawsis
sshhh i'm hunting wabbits
by countess
Looks to me like some people have had to resort to grasping at fibers.
by bolthead
William Wallace suffered less than Goff did today.
by John Jamieson
That goofy mascot of the SD Padres has long orange fibers all over it...maybe Mudd did it.
by demsux
(AND MY FAVORITE, by JUDGE MUDD)
THE COURT: WE DEFINITELY HAVE ADMITTED UNTRUTHFULNESSES .
by Karson
AND THE NEW GOLDEN COMMENTS
Thanks for pointing that out! It's an interesting coincidence..but everything has to have a margin of error...I'd say at least 3-4 days give or take.. (in danielle's case anyway)
By ~Kim4VRWC's~
"I have plotted the data here in 4 dimensions, using time, temperature, dewpoint, and solar insolance, using a 5 sigma probablity matrix and 16 polynominal regression analysis. I gathered weather data from three geometrically obtuse locations using GPS and NWS data, corrected for distance and wind direction, velocity, and turbulance. Using the exact altitude of the Dehesa location, we can see here that the first 2 duds were right."
by John Jamieson
Judge Mudd just announced that he will sequester the jury...
AFTER THE TRIAL HAS ENDED AND MR. WESTERFIELD HAS BEEN CONVICTED AND SENTENCED TO DEATH BY LETHAL INJECTION.
by basscleff
The end justifies the medians.
by shezza
Everyone likes the bugs better than the lawyers.
by VRWC_minion
Did you hear that? Judge told the jury to NOT form an opinion..
by ~Kim4VRWC's~
Bug guy #945 just agreed with the other 943 and said time of dead was around feb 12 give or take 2-3 days.
Feldman had a knock out
Dusek had a melt down
We lost our appetites
Dusek believes this case lives or dies on the bug evidence.
Westerfield walks broke
Killer is still on the loose
hows that
by basscleff
.I noticed that also. It has happened during this whole trial while I have been watching CTV.
I think if found guilty of kidnapping AND murder that is what forms the special circumstance that qualifies for the death penalty.
The defense wants the jury to have the option of just first degree murder without kidnapping. They posited to the judge that one reasonable explanation of her presence in the MH was by invitation. However, the judge pointed out that the parents hadn't given permission therefore even that scenario would be considered kidnapping.
At this point, then, the judge says the felony murder with kidnapping is the most reasonable because she would only be in DW's possession by kidnapping--no innocent reason.
that comment about 3-4 days wasn't made on the vd threads. we should limit to these threads... :)
I'll abstain!
I say keep it for 3-4 days.
Then strike it.
I promise, you can call me the PRESIDENT of the DW FAN CLUB !
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