By Matt Bean
Court TV
Graphic child pornography featuring girls as young as the one a San Diego man is accused of abducting and killing was shown Tuesday in his capital murder trial, leaving many in the court stunned and one juror dabbing at tears with a tissue.
In all, two sets of movie clips, six animated cartoons, and 13 still images taken from computers, zip disks, or CD-Roms in David Westerfield's home were shown, each featuring teenage or prepubescent girls.
The evidence could speak volumes about whether Westerfield had an interest in girls as young as Danielle van Dam, who was 7 at the time she was abducted from her family's home.
Prosecutors claim that Westerfield, a 50-year-old engineer who lived next to the van Dam family, snuck into Danielle's room on Feb. 1 and took her from her bed. Her naked body was found three and a half weeks later by a roadside.
Of 100,000 images found on Westerfield's computers, 8,000 to 10,000 were naked images, said forensic computer analyst James Watkins. Watkins also found more than 200 video files.
Only a fraction of these, however, contained material that could be considered child pornography and it was from this subset that the material shown Tuesday was selected.
The most explicit evidence, a set of brief movie clips found on a recordable CD in Westerfield's office, featured a girl of 11 or 12, pinned down by one adult male while another raped her. The clip was accompanied by an audio track of her high-pitched, frightened wail as she struggled with her attackers.
The normally jovial courtroom, which was darkened while the clips were presented, remained hushed as the lights were turned back on. Westerfield remained still throughout the 15 minutes of evidence, but his trembling jaw, pursed lips, and downcast eyes seemed to betrayed a deep discomfort.
As damaging as the clips may have been to Westerfield's case, defense attorney Steven Feldman attempted to parry their disturbing impression by suggesting that someone other than Westerfield downloaded them.
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| James Watkins, a computer forensics investigator who testified Tuesday. |
"You cannot tell us who produced those images, correct?" he pressed Watkins.
"Correct," Watkins replied.
"You specifically indicated in one of your reports that you were unable to link the questionable images to the Westerfield office computers, those were your words isn't that correct?" the lawyer pressed Watkins.
"Yes, sir," Watkins answered.
One other source for the pornography, suggested Feldman, could have been the defendant's 18-year-old son. Watkins admitted that five of the still images came from the computer located in the son's room, but was not able to specify which ones.
Feldman also portrayed the amount of questionable material as miniscule compared to the 100,000 total images the expert said he found on the computers after "imaging" them, or making a digital copy of the hard drives.
And even within the pornographic material, the lawyer asked Watkins, "there was a theme to those too, right? Adults?"
"Most of them, yes, sir," Watkins replied.
"Large-breasted women, correct?"
Watkins agreed.
Although Feldman may have successfully downplayed the prominence of the illegal child pornography, his victory was short lived.
Feldman's misrepresentation, said Judge Mudd, opened the door to the introduction of the remainder of the "questionable" images, which numbered about 80, as well as 8,000 to 10,000 other nudes that had previously been kept out to prevent jurors from forming a prejudicial view of Westerfield.
"This door has been opened like a barnyard," Mudd told the defense attorney. "You immediately went for the jugular and left no doubt as to where you're going."
Over Feldman's continued protest, Prosecutor Woody Clark then hefted two five-inch binders and two additional packets of material onto a table to be brought into evidence.
The decision was not Mudd's only major ruling of the day. Earlier, he issued a ruling barring Damon van Dam, the victim's father, from the courtroom.
Van Dam reportedly made a habit of lurking in areas through which the defendant would pass, and told one courthouse deputy that he wanted to "let him know I'm here."
In other testimony Tuesday, a trio of criminalists linked microscopic fibers found on the body of Danielle van Dam to hundreds found in Westerfield's home.
The trial, which is being televised live by Court TV, continues Wednesday at 12:00 p.m., ET.
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