Prosecution's Bug Expert Struggles On Stand:08/01/2002 Westefield Trial Nears Finish Lap!

Court TV ^ | August 1, 2002 | Harriet Ryan

[fatima]

Thank you for this info.

[JudyB1938]

You're welcome.

[FresnoDA]

WEEKEND VD THREAD....Aug 2 - 4......

Frustrated Prosecutor Dusek Swats At Final Bug Expert: Westerfield's Soon Will BUG The Jury....

[mommya]

I could not find a pic. of the guy that testified today - Hall - but did anyone but me think he looked like Colin Mochrie? Here's Colin...need to put glasses on him though...

I think Colin could play him for the movie.

[dread78645]

I think Barb's willingness to tell the truth, is why we haven't heard from her!

I'm trying to think of some of the damage she could do:

1. Brenda and DW backseat-dancing in the parking lot.
2. Damon & van not at home when they ate the loaves-and-fishes pizza.
3. The drug supplier for the van Dams; He's got a pretty good job, but I don't think it covers the bills. I expect they had a lucrative second income.

What I can't figure is what she could say that keeps Feldman from whacking a subpoena on her.
Is she lawyered-up ?

[John Jamieson]

No one knows for sure because the judge sealed it but I think "the as powerful as a confession" is probably a smartass remark DW made to cops after 20 hours of interregation. Sometime like, "What if I could tell you who did it?"

[alexandria]

It's a shame, so much evidence has been destroyed in the DW witch hunt.

It's a damn shame that LE let themselves become so intimidated by the VD PR team that they did not properly process the PRIMARY crime scene. The closet, and bedrm. doors should have been removed and taken on first trip. As well as all fingerprinting done, luminol used, etc.
The Dehusa site was not the primary crime scene, she encountered the killer either in her bdrm. or just outside her home. for them to let anyone near that place short of two weeks in incredible.

[John Jamieson]

I suspect it would be further damaging evidence of the VD life style that the judge has ruled not pertainant and won't allow the terstimony. It could be heavier drugs, a drug business, a porno business even. I think the poor judge is walking a fine line trying to keep emotions fairly low and logic as high as possible on both sides. He has a tough job.

[Spunky]

a guy testified that it appeared the body had been placed and then drug under the tree where it remained and decomposed. There's another issue of dogs dragging off entrails of the body. (I'm a newbie, but hope that helps.)

The drag marks are one in the same. The problem is a dectective in a Preliminary Hearing said the body had been drug so they at first tried to indicate the evidence had been tampered with. This dectective never made any notes of this though.

In the court testimony another dectective said the drag marks were parallel with the body, indicating an animal had taken some entrails then dropped them and drug them. There was no evidence the body had ever been moved.

[Jrabbit]

I wonder if the confession remark was made when Feldman found out about Faulkners conclusion. Like "I've got information that is as powerful as a confession would be."

[John Jamieson]

If Neal was lieing about not having downloaded the porno, it would help DW, not hurt him. I believe that the SC rulling after DW was arrested makes the porno charge unsustainable. The judge just "may" throw it out at the last minute. But then, I predicted he would do that several weeks ago.

[John Jamieson]

It swings in the wrong direction. Beside Faukner did testify and Feldman told us the bugs would clear DW in his opening statement. It has to be something that would cause the jury to come to an emotional, rather than logical, conclusion. Like "Yeah, I hate all little girls, sure".

[dread78645]

Isn't judge Mudd famous for totally ignoring a jury verdict at some point in his career?

Not really. In April he kept a deadlocked jury empaneled for 4 days before declaring a mistrial ...

Then there is this from 1997 :
"Judge William Mudd’s decision to reduce the jury’s verdict of second-degree murder to voluntary manslaughter in the Danny Palm case came as a shock to prosecutors and Palm’s new defense attorney, Elizabeth Semel. Palm became a hero to some after killing neighborhood bully John Harper Jr. But Semel, who still may appeal the manslaughter conviction, told San Diego Magazine last month that she wanted Palm to get a fair hearing in the courtroom; she didn’t want to give the impression she was trying to influence the court through the press."

[Jrabbit]

I guess I just could never figure out why he said it in the first place!

[John Jamieson]

I think the last one was it. He put himself before the jury. Rightly or wrongly, that's a brave thing to do.

[fatima]

We pray with all our LOVE,got to Mass yesterdaY,FOR BOTH FAMILIES.

[John Jamieson]

To stop predjudicial information from coming out. The prosecution may have traded it for Barbara's testimony? Lots of wheeling and dealing going on. Something like: "You seal up my client's smartass remark(s) made during illegal questioning, and I'll not call Barb to tell the world about the VDs."

[John Jamieson]

I thought is was funny today, that Dusek fought so hard against Feldman bring in another expert to testify that any expert who places Danielles death a week before her disappearence is NUTS.

[Jrabbit]

I kind of wish Westerfield would testify. I think I'd want to but the prevailing opinion is that defendants shouldn't. It just seems if I was innocent I'd want to tell everyone. Probably get myself convicted for sure!

[alexandria]

The prosecution really wouldn't have the option of a deal. If DW requested a lawyer during questioning the officers HAVE to stop asking questions.
They then can 1) arrest him and get his lawyer. 2) not arrest him and let him get the lawyer so they can question him again.
To not give him his right to counsel makes all statements after that null and void as far as testimony. Thats why we've heard his testimony up until the point he asked for counsel when he went to station that day.