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A LOOK BACK AT THE PROSECUTION'S CASE (180 FRANK)
KFMB-CBS ^ | July 2, 2002 | KFMB-CBS

Posted on 07/02/2002 11:03:37 AM PDT by FresnoDA

A LOOK BACK AT THE PROSECUTION'S CASE

(07-02-2002) - The prosecution began its case with emotional testimony from Brenda and Damon van Dam.alt

"I asked that the room not be cleaned. So we put one of the dog gates up and put a 'do not enter' sign on the door," said Damon van Dam as he talked about Danielle's room.

"Do you need a moment, or are you able to continue?" asked prosecutor Jeff Dusek on the second day of the trial.

"I'll try. I'll try," replied Damon van Dam as he began to get choked up.

Brenda van Dam then took the stand on the third day of the trial.

"Who is your next child?" asked Dusek.

"Danielle," replied Brenda, sobbing on the stand.

"How old was she?"

"She's seven," said Brenda as she began to cry.

They answered a number of questions about Brenda's "girl's night out" and smoking pot the night Danielle disappeared.

Denise Kemal also talked about their lifestyle.

"So you never engaged in sexual relations with Damon and Brenda van Dam?" asked defense attorney Steven Feldman.

"Yes I did, but with Damon. It was more of a swap," said Kemal.

After that, testimony focused on Westerfield's wanderings. And the prosecution played a portion of Westerfield's tape-recorded interview with police.

alt"This whole story sounds weird to everybody else, but it make perfect sense to me," said Westerfield.

The prosecution pointed out inconsistencies in Westerfield's story. He said he left Silver Strand because it was cold, but campers testified it was a nice day.

He also said he didn't have his wallet, but an employee said Westerfield showed it to him.

"He pulled out his wallet and showed me four, three or four twenty dollar bills," said Silver Strand employee, Donald Raymond.

Then at Galamis, a tow truck driver said he thought he heard Westerfield talk to someone. And there was an inconsistency in Westerfield's testimony about his trailer.

The physical evidence was then introduced, starting with two fingerprints next to the bed in Westerfield's motorhome.

"This print, or these two prints from this handprint was made by, were made by Danielle van Dam," said SDPD fingerprint analyst, Jeff Graham.

"How certain are you?" asked prosecutor Dusek.

"Absolutely certain," replied Graham.

And DNA experts testified that bloodstains on Westerfield's jacket and in his RV were without a doubt from Danielle. But when it came to fiber and hair evidence, the experts were not as certain.

An orange fiber in Danielle's necklace and blue fibers around her body matched fibers in Westerfield's laundry. And five fibers similar to Danielle's carpet were found in his RV.

"I believe these carpet fibers from 74, 60, and 155, could have come from Danielle van Dam's bedroom," said SDPD criminalist, Tanya Dulaney.

Experts also testified that Danielle's hairs and 24 hairs similar to the Van Dam's dog were found in Westerfield's laundry, trash, bedding, dry cleaning and RV.

Westerfield, 50, is charged with kidnapping, murder and misdemeanor possession of child pornography in the disappearance and killing of 7-year-old Danielle van Dam. The self-employed design engineer could get the death penalty if convicted of the felony charges.

Today, an expert on animal genetics is expected to testify as the prosecution's final witness in the trial of accused child killer David Westerfield.

Dr. Joy Halverson, a canine DNA specialist with QuestGen Forensics in Davis, testified yesterday during a six-hour closed-door hearing held to determine if prosecutors could call one more witness.

Oliver Ryder, a UCSD adjunct professor, who has published articles on mitochondrial DNA, also testified at the hearing.

Superior Court Judge William Mudd is scheduled to announce his decision on the final prosecution witness when the trial resumes this morning.

Mudd has told defense attorney Steven Feldman to be ready to call his first witness today. Feldman has indicated he should be able to conclude his case by July 15.

Feldman told the judge he plans to call insect expert David Faulkner to the stand to try to pinpoint the time of Danielle's death.

In his opening statement, Feldman said the child's nude body could have been placed off a road in Dehesa as late as February 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize that Westerfield, a twice-divorced father, killed the Sabre Springs second-grader and dumped her body at the East County site shortly after she disappeared February 2. Volunteer searchers found the girl's decomposing body on February 27.

Westerfield was arrested February 22.


TOPICS: Extended News; News/Current Events
KEYWORDS: 180frank; california; fresno; fresnoda; hahahaha; sandiego; sneaky; vandam; wefoundyou; westerfield
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180 FRANK, 180 FRANK
1 posted on 07/02/2002 11:03:37 AM PDT by FresnoDA
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To: MizSterious; spectre; Jaded
PING...180 FRANK/SCRAM
2 posted on 07/02/2002 11:06:16 AM PDT by FresnoDA
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To: FresnoDA
I think they all fell asleep--this testimony's the worst yet.

Might be, could be, similar to.....yawwwwnnnnnnnn
3 posted on 07/02/2002 11:16:33 AM PDT by MizSterious
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To: FresnoDA
I am here, Fresno... Do you see the point to all this? I just do not!

One hting I hope Feldman does is put on a ddog expert to testify as to how many dog hairs are shed by short haired dogs on a daily basis, and then how easily these are transferred all over the neighborhood!
4 posted on 07/02/2002 11:17:53 AM PDT by jacquej
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To: jacquej
About the only thing they've proven so far is that doofuses can talk. Not necessarily meaningfully, but they can talk.
5 posted on 07/02/2002 11:20:29 AM PDT by MizSterious
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To: jacquej
And another thing about dog dna... in purebred dogs, especially in USA, many breeders will breed to "winners" and from the offspirng of "winners". The mitochondrial DNA means a whole lot less because of this in my opinion.

The euphemism for this is "line-breeding", but what it means is doggie-incest, with father dogs being bred to daughter dogs, and momma being bred to uncle, grandson,etc...

Honestly, go look at some of the pedigrees of dogs posted on the net.


6 posted on 07/02/2002 11:23:44 AM PDT by jacquej
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To: FresnoDA
Should I ping a few others?

7 posted on 07/02/2002 11:24:33 AM PDT by MizSterious
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To: jacquej
Yes, I've known about that for some years--it seems a neighbor of ours bought a nice pure bred dog, and he had hip dysplacia, something the vet said came from that sort of inbreeding.
8 posted on 07/02/2002 11:26:08 AM PDT by MizSterious
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To: MizSterious
PING..but with discretion, and caution...LOL
9 posted on 07/02/2002 11:59:23 AM PDT by FresnoDA
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To: FresnoDA
I'm here, guys. After lunch..this is OUR thread...:~) sw
10 posted on 07/02/2002 12:18:25 PM PDT by spectre
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To: FresnoDA
Here and ready for duty.
11 posted on 07/02/2002 12:27:34 PM PDT by Jrabbit
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To: spectre
Quietly lurking. Got my knitting and sewing projects lined up to enjoy the defense presentation.

Anyone else get the impression that most of these witnesses were told that LE had a solid case and they only needed that last little bit of info to nail DW?

Instead, each of the witnesses was left flailing in the deep end while Feldman and Boyce ended up nailing each of their lone little hides to the wall.

All they have is one strand of hair and two drops of blood, easily explained away if Danielle L. gave tours of the MH to neighborhood kids, and if DW happened to have had his jacket on a pool chair the day they were selling cookies.

If Feldman can't pull this one off, he should have his bar # revoked, and give back DW's house! :-)

12 posted on 07/02/2002 12:57:04 PM PDT by pinz-n-needlez
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To: FresnoDA
180 Frank/Scram. LOL!
13 posted on 07/02/2002 1:05:50 PM PDT by Mrs.O'Strategery
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To: Mrs.O'Strategery

Dog Handler 'Bursting With Pride' After Westerfield Arrest "Frazee was Van Dam Proud of that Pooch!!"

Canine DNA Specialist Testifies
Posted: 7:54 a.m. PDT July 2, 2002
Updated: 1:02 p.m. PDT July 2, 2002
SAN DIEGO -- A volunteer dog handler testified today that he sent an e-mail saying he "was bursting with pride" on the day David Westerfield was arrested in connection with the disappearance of 7-year-old Danielle van Dam.

  Jim Frazee

Jim Frazee (pictured, right), who volunteers with the San Diego County Sheriff's Department, sent the e-mail to three friends on Feb. 22 -- 16 days after his dogs examined Westerfield's motor home at an impound lot on Aero Drive.

T.V.LIVE Trail Coverage Resumes at 1:30 p.m.

Frazee testified last week that one of the dogs, Cielo, gave an alert signal at the door to an exterior storage compartment on the passenger side of the vehicle while searching for the child's remains.

Under cross-examination by defense attorney Robert Boyce today, Frazee said he did not mention the alert in a report he filed because police investigators asked for the results to remain confidential.

"On Feb. 6, you don't recall telling anyone what the dog found?" Boyce asked.

"I don't recall what I told them," Frazee said.

The defense concentrated on the fact that, with no other report filed, the only evidence of Cielo's alert came from the e-mail after the defendant's arrest.

Boyce quoted Frazee's e-mail, which he said stated: "I wasn't sure, but I thought Cielo was giving his cadaver alert. I thought he may have been doing this just to please me. Today, however, came word of the suspect's arrest and that they found blood in the motor home."

Frazee said the arrest raised his confidence in Cielo's finding.

Frazee's supervisor, reserve sheriff's Lt. Rosemary Redditt, said she watched Cielo's search of the outside of the motor home and had no trouble recognizing the dog's alert at the storage door.

Westerfield, a 50-year-old self-employed design engineer, could get the death penalty if convicted of kidnapping and murder. He also faces misdemeanor possession of child pornography charges.

Dr. Joy Halverson (pictured, left), a canine DNA specialist with QuestGen Forensics in Davis, also took the stand today.

Her looming testimony was the subject of a six-hour closed-door hearing yesterday. The defense had filed a motion to exclude her testimony, but the request was denied by Superior Court Judge William Mudd.

Mudd has told defense attorney Steven Feldman to be ready to call his first witness today. Feldman has indicated he should be able to conclude his case by July 15.

Feldman told the judge he plans to call insect expert David Faulkner to try to pinpoint the time of Danielle's death.

In his opening statement, Feldman said the child's nude body could have been placed off a road in Dehesa as late as Feb. 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize that Westerfield, a twice-divorced father, killed the Sabre Springs second-grader and dumped her body at the East County site shortly after she disappeared Feb. 2. Volunteer searchers found the girl's decomposing body on Feb.


14 posted on 07/02/2002 1:28:30 PM PDT by FresnoDA
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To: spectre
Here we go...live feed is up...1:29 P.M.
15 posted on 07/02/2002 1:32:17 PM PDT by FresnoDA
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To: FresnoDA
Channel 10 reporting that 1 PROS witness remains...Defense is calling mostly former PROS witnesses for their case.
16 posted on 07/02/2002 1:33:47 PM PDT by FresnoDA
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To: spectre
Doc Savage is here and ready for action......just let me grab another pin for this female voodoo doll I'm making,...I'll just insert it through the lips, yes,yes, I believe that should prevent her from finding us! Now for the blood of a live chicken....................... ....
17 posted on 07/02/2002 1:37:26 PM PDT by Doc Savage
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To: Doc Savage
..and Black candles. You have to burn black unscented candles..

Here we go. Detective says Dog showed no positive reaction during a search...whoops.

Dusek is trying to impeach this...sw

18 posted on 07/02/2002 1:41:52 PM PDT by spectre
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To: Doc Savage
Doc Savage is here and ready for action......just let me grab another pin for this female voodoo doll I'm making,...

ROFLMAO!!! Can you make me one, too?

19 posted on 07/02/2002 1:44:33 PM PDT by sbnsd
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To: Doc Savage
Has kimmie hit the abuse button and gotten you banned for "dissing" her yet?...
20 posted on 07/02/2002 1:53:43 PM PDT by jacquej
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To: sbnsd; MizSterious; spectre; Jaded

If the Motorhome was left open....

Then the Prosecution's case is got nothin'....


21 posted on 07/02/2002 1:58:08 PM PDT by FresnoDA
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To: FresnoDA
Hey, Fres...You can lead a horse to water...

CTV cut away from the nice neighbor man who says the MH was unlocked at times...Lisa Bloom must be having a cow by now.

OK, we now have the possibility that the motor home was left unlocked, but they cut away before I could find out if the kids played in there....go figure..duhhh.

sw

22 posted on 07/02/2002 1:59:37 PM PDT by spectre
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To: FresnoDA
This guy gives a different kind of testimony, doesn't he?


23 posted on 07/02/2002 2:01:12 PM PDT by MizSterious
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To: spectre
Excuse me...not "the possibility"...it's a FACT!

Run for cover, Brenda and Damon...the process of elimination is getting closer to YOU!

sw

24 posted on 07/02/2002 2:01:17 PM PDT by spectre
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To: jacquej
Betting on "yes" but sometimes the moderators don't go along. Just some of them, I think.

25 posted on 07/02/2002 2:02:53 PM PDT by MizSterious
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To: MizSterious
different kind of testimony

credible? :]

26 posted on 07/02/2002 2:04:21 PM PDT by Mrs.O'Strategery
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To: spectre
Did anyone hear him say he rescued one of the VD little boys from something? I wonder what happened?
27 posted on 07/02/2002 2:04:51 PM PDT by MizSterious
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To: Doc Savage

"It was locked, Man, I am telling you it was locked....."  "I know it was locked, because when I went over there to score some Sweet-N-Low.....uhm, I mean, when I was looking for the kids....uhm....I mean, like, well, oh just chill out man, just chill out."

 

 

Tick, Tick, Tick, Tick, Tick......

TIME IS RUNNING OUT ON THE LIARS.........


28 posted on 07/02/2002 2:05:23 PM PDT by FresnoDA
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To: Mrs.O'Strategery
Heehee, yes, especially that! But he's telling a different story than the pros. did--the mh was left there frequently, and open--he saw DW go inside without using a key, etc. Lots of children around the motorhome.
29 posted on 07/02/2002 2:06:36 PM PDT by MizSterious
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To: All
Smart prosecutor, let me tell you: "Did he have to open the door to go into the motorhome?"

Not unlock, open--too funny.
30 posted on 07/02/2002 2:09:51 PM PDT by MizSterious
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To: FresnoDA
Tick, tock!! Is right. Missed the part Miz wanted to know about the VD kids?

I guess tomorrow morning, if CTV so inclines, we'll hear the whole testimony...sigh.

I'll be out of here by One'ish or so tomorrow...hope to get caught up from these threads by the time I get back the next day...sw

31 posted on 07/02/2002 2:13:13 PM PDT by spectre
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To: MizSterious
DUSEK is a piece of work...he expects to impeach a neighbor, who is a heck of a lot more cogent and credible than his SNIFFER DOG EGGSPURTS....
32 posted on 07/02/2002 2:13:53 PM PDT by FresnoDA
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To: All
Dang, I keep losing my feed--for that matter, the whole internet seems to come to a halt every now and again. Anyone else having that trouble?
33 posted on 07/02/2002 2:14:33 PM PDT by MizSterious
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To: MizSterious
LOL I was waiting for the fella to respond with a no, stealh ninga dave is able to walk right through the walls with a load of stuff.
34 posted on 07/02/2002 2:15:28 PM PDT by winodog
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To: winodog
Ug, I cannot keep a feed going. This is horrible.
35 posted on 07/02/2002 2:21:02 PM PDT by MizSterious
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To: MizSterious
Catherine Crier has cut to an Interview with the Enquirer reporter who is talking about the Smart case...

sw

36 posted on 07/02/2002 2:22:35 PM PDT by spectre
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To: spectre
Kim is all enthralled.
37 posted on 07/02/2002 2:24:53 PM PDT by MizSterious
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To: MizSterious
More EVIDENCE of MOTORHOME ENVY....
38 posted on 07/02/2002 2:25:14 PM PDT by FresnoDA
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To: FresnoDA
Yes, thought I heard that being said--my feed keeps cutting in and out, so I gathered the VDs and the police complained about this guy's MH or his parents' MH??
39 posted on 07/02/2002 2:27:02 PM PDT by MizSterious
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To: spectre

Mr. and Mrs. Roehr,

THE SABRE SWINGS ANTI-SWINGERS......


40 posted on 07/02/2002 2:28:47 PM PDT by FresnoDA
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To: FresnoDA
OhhhhHHHHhhHHHhhh!!!! MORE evidence of the Westerfield hose being unrolled! HOW MANY MORE HAS HE KILLED???
41 posted on 07/02/2002 2:33:12 PM PDT by MizSterious
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To: MizSterious
Kimbo is in a full lather meltdown on the VD Apologist thread....the Roehr's were very credible.

FresnoDA
42 posted on 07/02/2002 2:47:37 PM PDT by FresnoDA
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To: FresnoDA
I see her trying to make a big deal of pubic hair in the motorhome. You know how some people are--if it ain't beast-ee-ality, porn or public hairs, not worth talking about I guess.


43 posted on 07/02/2002 2:49:42 PM PDT by MizSterious
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To: FresnoDA; MizSterious
We learned the Motor Home was left unlocked at times..and DW has nice friends..

Yeah, Miz, wait till someone in particular, hears about the puter porno, journals and Homo rumors at the Smart residence...Maybe THAT will keep her busy :~)

sw

44 posted on 07/02/2002 2:50:56 PM PDT by spectre
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To: MizSterious
Dusek not closing, waiting for outstanding DNA testing to be completed...
45 posted on 07/02/2002 2:51:15 PM PDT by FresnoDA
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To: FresnoDA
Isn't this "we didn't have enough time to get prepared" wearing abit thin? They've had well before the trial and all this time during the Prosecutions portion to get their evidence and DNA back.

They are full of excuses.

sw

46 posted on 07/02/2002 3:05:26 PM PDT by spectre
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To: spectre
If they didn't have enough evidence, they should never have charged him with murder. I know, I've said it before, but I thought it was worth repeating.

Note to police: 1. Get evidence first 2. Then arrest.


47 posted on 07/02/2002 3:09:21 PM PDT by MizSterious
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To: MizSterious

Congrats jaded...you win the 666 post!!  Lucky dog...I was trying for that number....

FDA

altMajor ritual "sabbat" dates on the Occult/Witchcraft/Satanism calendar.

This date sticks out....February 2, 2002    Danielle Van Dam, Age 7

 

DATE: October 31 NAME: *SAMHAIN; ALL HALLOWS' EVE; HALLOWEEN; NOVEMBER EVE WITCHCRAFT: Rituals to contact the dead SATANISTS: Sexual and blood rituals with animal or humans & animal or human sacrifice

DATE: December 21/22 NAME: YULE; WINTER SOLSTICE; WITCHCRAFT: Rituals celebrating the rebirth of the sun SATANISTS: Sexual rituals, animal or human

DATE: February 2 NAME: IMBOLIC; IMBOK; CANDLEMAS; OIMELE; LADY DAY; BRIGID DAY WITCHCRAFT: Sexual rituals; Celtic triple goddess Brigid honored. SATANISM: Sexual rituals, human


48 posted on 07/02/2002 3:15:09 PM PDT by FresnoDA
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To: MizSterious

alt"Hi Paul, My name is Denise....I am "Fascinated" by your middle name.  What is your sign?  I am a Virgo!!"


 

49 posted on 07/02/2002 3:27:07 PM PDT by FresnoDA
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To: FresnoDA
I'm going to have to leave for awhile. Hope nothing "good" happens while I'm gone.

If it does, someone please report?


50 posted on 07/02/2002 3:38:59 PM PDT by MizSterious
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