Criminal
Jun. 25, 2002
Height Issue Dogs Westerfield's Attorney
SAN DIEGO - In the third week of the trial of David A. Westerfield, a 50-year-old engineer accused of kidnapping and murdering 7-year-old Danielle van Dam, much time was spent questioning witnesses who told about the collection and analysis of forensic evidence. People in that technically demanding line of work tend to answer questions with a "Yes" or "No" or "May I refer to my notes?" But as always, even in the most serious trials, humor wasn't absent.
• How big? Dorie Savage, a forensic specialist for the San Diego Police Department, testified last Tuesday that she plucked hair samples from the van Dams' dog, a Weimaraner named Lela. The purpose was to compare those samples with other evidence. On cross-examination, defense attorney Steven E. Feldman wanted to know Lela's size. Savage held her hand above the witness stand to show him. Feldman said he couldn't see Savage's feet so he didn't know what height she was indicating. Savage said she was showing the size from the top of the witness stand. Just tell me in words, Feldman said. She said, "Smaller than a German shepherd, bigger than a Chihuahua."
• Here's why. Later Feldman asked Savage about the condition of a steam vacuum she had inspected. Part of the defense theory rests on the notion that the van Dams vacuumed up potentially valuable evidence after Danielle was found to be missing Feb. 2. Savage said the steam vacuum cup was empty but wet. "Why was it wet?" Feldman snapped. She hesitated, seemingly puzzled. He asked the question again. "Because it wasn't dry," she said. Then it was Feldman's turn to hesitate. Finally he laughed and said, "All right. I probably deserved that."
• Sleepy time down South. Savage was still on the witness stand when it came time for the noon break. Superior Court Judge William D. Mudd, who is presiding over the nationally televised trial, advised the jurors to use part of their recess to take deep breaths and clear their heads. "I think we put half the country to sleep this morning," he said.
• Investigative journalism. Karen LeAlcala, a police forensic specialist, testified Thursday that she had seized videos from the headboard of Westerfield's bed, along with a bottle of ID Juicy Lube. That woke up at least the representatives of the Fourth Estate, who had been grumbling about the slow pace. At the noon recess, reporters used their computers to log onto the Internet, where they learned that Juicy Lube is advertised as a lubricant for sexual activities and is available in a variety of flavors. But one enterprising journalist was ahead of the rest. As he described it, he raced to a nearby adult book store and panted, "I got to have samples." Soon newshounds were discreetly displaying tiny sample bottles, labeled with such names as "Big Banana."
• A reminder of Danielle. Jeffrey Graham Jr., a police fingerprint examiner, testified Wednesday about the fingerprints left by Danielle van Dam on a cabinet in Westerfield's motor home. The cabinet is adjacent to a bed in the extreme rear of the 35-foot-long vehicle. Danielle's left arm would have been fully extended to reach the cabinet, according to Graham's demonstration of the position of her hand. The prints were dusted with black powder to make them visible and then, on two occasions, transferred to tape. But, Graham said, after all that Danielle's handprint was still visible on the cabinet.
Claude Walbert
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