Witnesses for the Defense
Defense's Case

James Gripp, forensic artist

Recalled to the stand after testifying previously for the defense
Produced four charts showing still frames taken from a local news station's videotape of Westerfield talking to reporters and police taking evidence out of Westerfield's home
Photos depicted investigators wearing orange shirts, implying that the defense could argue that the orange fibers found in Westerfield's home, SUV car as well as on Danielle's body came from the shirts

Det. James Tomsovic, investigator, San Diego Police Dept.

Recalled to the stand, he testified he found a 42-foot trail at the recovery site
Said the trail smelled like decomposed flesh
Testified about maggots he observed on Danielle's corpse

Neal Haskell, forensic entomologist

Testified the time of the insect colonization of Danielle van Dam's corpse likely started sometime between Feb. 14 and 21 and no earlier than Feb. 12
Using the weather chart prepared by James Gripp, said that the warm temperatures made it likely that insects immediately colonized in Danielle's corpse

James Gripp, forensic artist

Produced a detailed map of the Dehesa Road recovery site as well as an hour-by-hour temperature chart for the area from Feb. 1 to 28
Testified he used weather data from a nearby airstrip called Brown Field
Said he didn't take weather information from a marginally closer airstrip because he the defense told him to use Brown Field because it was closer in altitude to the Dehesa Road recovery site, and that that was more important for forensic entomology

David Faulkner, forensic entomologist

Examined Danielle's body and the site where it was found for insects and found 14 insect species around the body, including several adult beetles and fly larvae
Faulkner determined the fly larvae was first infested 10 to 12 days before the body was discovered on Feb. 27, leading him to the conclusion that the body was left there between Feb. 16 and 18
Conceded under cross-examination that his time estimate was based mostly on the fly larvae, and that his research could not determine a maximum time her body was outside

Sgt. William Holmes, San Diego Police Dept.

Holmes' team of detectives was called on to the Danielle van Dam case late on February 4
Confirmed David Westerfield was under police surveillance from roughly 2:15 a.m. on February 5 until his arrest on February 22
Conceded Westerfield spent most of February 4th with police officers as well, even though he was not then officially under surveillance

Susan L., Westerfield's ex-girlfriend

Dated Westerfield for about three years and lived with him about a year
Recalled numerous camping trips she took with Westerfield in the RV, and testified that the defendant routinely kept the curtains closed and shut the blinds to his house while away
Testified the Westerfield laundry ritual was to toss dirty clothes down from the second floor onto the bottom floor, implying that it could have picked up hair and fibers from Danielle van Dam, who was in the house that week selling cookies

Eugene Yale, camper at Glamis

Testified he often takes different routes from East San Diego County to Glamis in his RV and that he avoids Highway 8 because it's more dangerous RV driving than the backroads
Testified about the importance of keeping RV curtains closed
Said he never met the defendant and was called by the defense after writing a letter to the Westerfield's lawyer after reading a newspaper article that contained what he said were inaccuracies regarding RVs

Det. Frank Gerbac, San Diego Police Dept.

Said he questioned Denise Kemal twice on February 2, first at 5 p.m. and later at 10:10 p.m.
Said that Kemal once said that Barbara Easton did not come down for pizza at the van Dams' house, in contradiction to Kemal's trial testimony

Det. Joanna Thrasher, San Diego Police Dept.

Called to the stand by the defense a second time, she testified she took Westerfield to the police station on the night of February 4, and then went to the Westerfield home to secure the home while a search warrant was obtained
Said Westerfield did not get back home at about 11:30 p.m., and was told he could not enter his house until the search warrant was obtained and executed
Testified Neal Westerfield was in the home when police got there

Jennifer L., friend of Danielle L., Westerfield's ex-girlfriend's daughter

Said she has visited the Westerfield home several times with Jennifer L and accompanied them on a camping trip in the RV
Testified they closed the RV curtains when they went to sleep but would leave them open during the day
Recalled an aborted beach trip cut short by terrible weather

Danielle L., 16-year-old daughter of Westerfield's ex-girlfriend

Said she would visit the home her mother shared with Westerfield
Testified she went camping in the Westerfield RV to a number of places, including Silver Strand and Glamis
She said sometimes kids played in the neighborhood when the RV was parked on the street

Stephanie Escudero, Friend of the defendant

Said she went over to Westerfield's house for a BBQ and that the defendant gave her a tour of his motorhome
Testified it was not locked when they tried to get in and he did not lock it when they left

Christina Gonzales, daughter of the defendant's ex-girlfriend

Testified she moved into the home her mother shared with Westerfield for three months prior to their breakup in December 2001
Said that she went on a camping trip with Westerfield at some point between August and November 2000
Said she never saw any neighborhood kids playing in Westerfield's RV

Jeffrey Graham, crime lab fingerprint analyst, San Diego Police Dept.

Testified previously as a prosecution witness
Said that partial palm prints taken from Danielle van Dam's bedroom, the home's staircase banister and patio table did not match Westerfield's
Admitted he did not compare the three palm prints to each other to determine if they had come from the same person

Det. Timothy Hall, San Diego Police Dept.

Interviewed Brenda van Dam on February 3rd for over an hour
Testified Brenda said Danielle had been scratched by a dog the previous Tuesday
Said Brenda told him there was a sliding glass door in the home that she thought had been locked, but she could not be sure

Michael Fisher, San Diego Police Dept. interrogation specialist, San Diego Police Dept.

Conducted an audiotaped interview with Denise Kemal just after 1 p.m. on Feb. 2
Said Kemal admitted that they all smoked marijuana
Said Kemal was interviewed four times: twice by him on Feb. 2, and on Feb. 3 and 27 by other investigators

Det. Frank Gerbac, San Diego Police Dept.

Interviewed Denise Kemal, friend of Brenda van Dam
Said Kemal was interviewed four times: twice by him on Feb. 2, and on Feb.3 and 27 by other investigators

Det. Mark Tallman, San Diego Police Dept.

Interviewed state witness Donald Raymond on Feb. 5
Showed him four photos of Westerfield
Testified Raymond said the photos did not resemble the man who inquired about overpayment at the Silver Strand State Beach on Feb 2

Heather Mack, security worker

Worked the security desk at Coronado Cays, near the Silver Strand State Beach on February 3
Saw Westerfield pass through the security gates in his RV sometime between 4 p.m. and midnight Said the road on which Westerfield drove by her did not come from Silver Strand

Debra Laspisa, friend of the defendant

Said her family and Westerfield's often camped together
Testified Westerfield was generally a sweaty fellow who perspired even in the cold-usually under the arms and around the neck
She said the least amount of time she would see Westerfield in the desert was three days and the most was four days

David Laspisa, friend of the defendant

Said that he and Westerfield frequently took RV trips in the desert over the last 10 years
Testified that he and Westerfield sometimes planned to meet and other times ran into each other in the desert by coincidence
Said he takes a backroad route to Glamis to avoid slippery roads and high winds on the more direct route

Donna Boe, friend of the defendant

Works for Union Bank
Said Union Bank's ATM machines dispense $20 bills, not $50's

Glen Seebruch, acquaintance of the defendant

Contracted Westerfield to do consulting work for Nokia and saw the defendant on February 1
Said Westerfield dropped off some parts at Seebruch's office and then told him about his alleged weekend plans to take his RV to the desert alone

Det. Joanna Thrasher, San Diego Police Dept.

Testified about an interview with a Debra Martinez, who was camping at Glamis on Feb. 3
Said Martinez told her she first saw a man in his RV stuck in the dunes at 10:00 a.m. and again in the afternoon along with a white pickup truck helping to free it
Said Martinez told her that when she left Glamis at 3:45 p.m., the truck was still stuck

Det. David Morris, San Diego Police Dept.

Took a statement from Ryan Tyrol on February 8th at Dad's Café
Said Tyrol confirmed the main points in the interview during his testimony
Testified Tyrol seemed intoxicated during the interview and that Tyrol admitted being drunk on Feb. 1

Duane Blake, Dad's Café Patron

Recalled seeing Denise, Barbara, and Brenda on January 25 and again on February 1
Said the ladies looked like they were "feeling no pain," and that Barbara and Denise "had their tail feathers up"
Testified he thought the men they were with were smoking marijuana, but that he only saw the ladies drinking

Ryan Tyrol, Dad's Café Patron

Said he arrived at Dad's at 9 p.m. on Feb. 1
Testified Barbara Easton and Brenda van Dam propositioned Cherokee Youngs and him, and that even though it was done in a joking manner, "when you get an invitation like that you take it serious"
Conceded that all parties concerned were drunk

Patricia LePage, Dad's Cafe patron

Testified she and her daughter Cherokee Youngs arrived at Dad's between 11:20 and 11:25 p.m. on Feb. 1
Said her attention was drawn to the "flamboyant" behavior of Brenda van Dam, whom she said was trying to pick up her daughter
Testified she saw Brenda van Dam and David Westerfield dancing, and that van Dam was "rubbing herself all over him"

Ofc. Donna Williams, San Diego Police Dept.

Interviewed Glennie Nasland
Testified Nasland's interview with police was substantively similar to her testimony in court
Conceded she did not question Nasland at great length about her friendship with the defendant

Glennie Nasland, acquaintance of the defendant

Testified he has known Westerfield for four years and recalled the defendant introducing her to Brenda van Dam at Dad's Cafe on Feb. 1
Said she saw Westerfield dancing with Denise Kemal, who was rubbing her "fanny" very suggestively against the defendant
Said a drunken Westerfield left Dad's Café just before midnight

Det. Lucious Mobley, San Diego Police Dept.

Canvassed Dad's Cafe on the evening of February 8th looking for regulars who had been there on Feb. 1
Found Cherokee Youngs who allegedly told him that she saw Brenda van Dam dance with David Westerfield
Said Youngs told him that Brenda and Barbara asked her to come home with them as they were leaving, and that she refused

Cherokee Youngs, Dad's Cafe patron

Saw Brenda van Dam, Barbara Easton, and Denise Kemal drinking, dancing, and partying at Dad's Cafe on the night of February 1
Recalled Barbara aggressively asking her to dance and said she asked a man named Ryan to pretend to be her boyfriend to ward off Barbara's repeated advances; said that Barbara said "I wouldn't mind taking these two home."
Denied telling police said she saw David Westerfield dancing with Brenda van Dam, but conceded she had previously met David Westerfield eight months earlier playing pool at O'Harley's Cafe in Poway

Marcus Lawson, computer forensics expert

Examined four computer hard drives from Westerfield's home and checked through the files
Found someone was surfing for porn while the defendant was being questioned by police
Said that the defendant's son, David Neal Westerfield, used his father's computer as well as his own, and that there was pornography found on both

Det. Johnny Keene, robbery unit, San Diego Police Dept.

Testified earlier as a prosecution witness
Worked on the investigation into the disappearance of Danielle van Dam
Said he met with David Westerfield at the police station on Feb. 4 from 3:50 p.m. to about 11:30 p.m.

Det. Richard Maler, robbery unit, San Diego Police Dept.

Det. Richard Maler, robbery unit, San Diego Police Dept.
Worked on the investigation into the disappearance of Danielle van Dam
Said he interviewed Keith Stone on Feb. 2

Paul Hung, Westerfield's next-door neighbor

Said it was not unusual to see Westerfield's garden hose lying around uncoiled
Testified the van Dam children often walked by the motor home
Said Westerfield sometimes left his backyard lights on at night and even during the day

Janet Roehr, Westerfield's neighbor

Testified she has met Westerfield's girlfriends
Said she has seen the defendant's RV in the neighborhood roughly six to 12 times a year, parked for one to seven days at a time
Said she saw Westerfield both inside and outside his RV on February 2 at approximately 3.45 p.m.

Mark Roehr, Westerfield's neighbor

Testified Westerfield often went out to the desert and often invited him along and that he knew the defendant usually parked the RV in front of his house or Roehr's house
Said he has met Westerfield's girlfriends and children
Said he knew Westerfield had left the RV unlocked in the past, but did not know if that was a habit

Det. James Tomsovic, homicide investigator, San Diego Police Dept.

Testified earlier as a prosecution witness
Described the canine investigation of Westerfield's RV
Said he opened the compartment on the passenger side of Westerfield's RV, but said he did not see Frazee's dog bark or wag its tail

    David Westerfield is tried for the murder and kidnapping of the little girl who lived next door, 7-year-old Danielle van Dam.    
   
  • Case background
  • Full coverage
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  • Timeline of the kidnapping: Feb. 1-4
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  • Key locations
  • Westerfield's alibi
  • The evidence
  • The time of death
  •    
       
  • Case in pictures
  • View the evidence
  •    
       
  • Post your comments
  •    
       
  • David Westerfield
  • Danielle van Dam
  • The parents
  • More key players
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  • Murder
  • Kidnapping
  • Child pornography
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  • Defense witnesses
  • Prosecution witnesses
  • Preliminary hearing
  •    
       
  • The jury
  •    
       
  • Dan Williams
    Former San Diego prosecutor
  • Alvin Michaelson
    Defense lawyer offers analysis
  •    
       
  • Westerfield's interview
  • 911 call
  • Mother testifies II
  • Father testifies
  • Prosecution's opening
  • Defense's opening
  • More
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  • Jury Instructions
    Jurors were given these instructions to use in deciding whether to convict Westerfield of kidnapping and murder
  • Police Interview
    Westerfield tells police about a whirlwind weekend according to this unofficial transcript of his taped interview
  • The Complaint
    This document formally charges David Westerfield with Danielle van Dam's kidnapping and murder as and possessing child pornography
  • Porn Motion
    Calling it prejudicial, the defense seeks to exclude evidence regarding pornography found in Westerfield's home from the trial
  • Drug Questioning
    Prosecutors ask that questioning the victim's parents about their drug and alcohol use be limited
  • Computer Warrant
    This search warrant gives authorities the right to search Westerfield's computer, which prosecutors say contained child pornography
  • More Documents
    See more documents, including various search warrants, motions and the juror questionnaire
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