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Witnesses picked for Westerfield penalty phase ( SBR penalty Watch).
San Diego Union-Tribune ^ | 2002-08-27 | Alex Roth , UT Staff

Posted on 08/27/2002 8:55:29 PM PDT by dread78645

The judge in the David Westerfield case said yesterday that he has decided which prosecution witnesses will be allowed to testify at the penalty phas e of the murder trial, but he refused to be specific.

Superior Court Judge William Mudd made his announcement following a closed-door hearing with the lawyers. He didn't identify the witnesses or the nature of their testimony. He simply said some prosecution witnesses "will testify, others will not".

Westerfield was convicted last week of kidnapping and killing 7-year-old Danielle van Dam. She was discovered missing from her bedroom Feb. 2; her body was found more than three weeks later in a brushy area off Dehesa Road in East County.

Tomorrow, the jury will begin hearing evidence on whether the 50-year-old Sabre Springs design engineer deserves the death penalty or life in prison without parole.

Westerfield's lawyers objected to some, if not all, of the prosecution's witnesses. They also opposed airing a videotape of Danielle, which the judge will allow.

Westerfield's lawyers raised constitutional challenges to the death penalty. The judge said he will consider those arguments at a hearing today when he also is scheduled to decide whether to disallow still photography during the remainder of the trial.

The issue arose after a Union-Tribune photographer took a picture of Danielle's parents in the courtroom gallery as the jury returned its guilty verdicts.

The judge said photographer Dan Trevan violated a court rule that prohibits photographing spectators. The newspaper says the van Dams weren't spectators but witnesses who testified during the trial and who have been photographed frequently inside and outside court.


Following path of other parents, mother of Danielle van Dam creating foundation


SAN DIEGO --Following the path of other parents of murdered children, the mother of 7-year-old Danielle van Dam is creating a foundation to promote child safety and preserve the memory of her daughter.

Brenda van Dam hopes to have the foundation running by Sept. 22, which would have been Danielle's eighth birthday.

"With all the other missing children, we felt there's got to be something we can do," said Susan Wintersteen, a van Dam family friend who is helping to organize the effort.

Danielle's parents are prohibited by a gag order from speaking to the news media about any issue related to their daughter until after the sentencing of David Westerfield.

A jury on Aug. 21 convicted Westerfield of kidnapping Danielle from her bedroom and killing her in February. The penalty phase of the trial is scheduled to begin Wednesday.

Brenda van Dam and five friends met over the weekend at Wintersteen's home, not far from where the girl was kidnapped, to work on the details of what is to become the Danielle Legacy Foundation.

Modeling their group on Mothers Against Drunk Driving, they plan to use the network of volunteers who helped in the search for Danielle to promote child safety and promote programs like the nationwide Amber Alert system, Wintersteen said.

The system, named in honor of Amber Hagerman, a Texas girl killed in 1996, is a way of quickly disseminating information about a missing child through news media and other outlets. It's used in more than a dozen states.

The San Diego effort follows other advocacy and safety groups born out of tragedy. They include the Laura Recovery Center, named for Laura Kate Smith, murdered in Friendswood, Texas, in 1997. The group fields volunteer searchers in child kidnapping cases.

Laura Recovery coordinated thousands of searchers after Danielle was reported missing Feb. 2. One of the volunteers found her body along a rural road nearly a month after the abduction.

Marc Klaas created the Klaaskids Foundation, after his daughter, Polly, was kidnapped and murdered in Northern California in 1993. Another group is named for Carole Sund, who was killed with her daughter, Juli, and the girl's friend Silvina Pelosso while they were visiting Yosemite National Park in 1999.

"A lot of families tend to start an organization in their loved ones memory, so there are a lot of them out there," said Kim Petersen of the Carole Sund Carrington Memorial Reward Foundation, based in Modesto. "It can be very healing."

It can also be very difficult. Foundations trying to raise donations often find themselves competing with similar efforts or overshadowed by larger o rganizations, said Klaas, who lobbies, speaks on child safety and helps other groups.

Still, "There's always room for innovation, for fresh new ideas," Klaas said.

Wintersteen, whose daughter was in school and Brownies with Danielle, said one of the group's first efforts will be to distribute identification kits that parents can use to set aside their child's fingerprints, DNA and a recent photo.

Investigators had to scramble to collect such identifiers when Danielle disappeared in February.

"We still feel there is change that needs to be done," Wintersteen said.


Mudd rules some prosecution witnesses will be allowed to testify, and that the music video produced of the victim will be shown to jury over defense objections


TOPICS: Heated Discussion
KEYWORDS: freefresnoda; stealtnijadave; vandam; westerfield
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To: I. Ben Hurt
What about the dogs they used in Oregon who didn't pick-up scent? I think my dog may have a better nose than some of these canines.
161 posted on 08/29/2002 11:10:37 PM PDT by paix
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To: bvw
A frame by a tiny group of trusted sleazeballs of cops would do what has been suggested -- they would have only so much opportunity.

Process of elimination...

If DW did it, there should be more physical evidence. After all, homicide is messy, as is sneaking into unfamiliar houses occupied by adults, children, and a dog late at night. There is no evidence DW did the latter, and not very much for the former.

On the other hand, if DW was framed by the real perp, then there also should be more physical evidence. Otherwise, how could the real perp be sure the cops would find the false trail?

So, what's left? Perhaps a little "evidence enhancement" by investigators already convinced they had their guy?

162 posted on 08/30/2002 12:30:18 AM PDT by cynwoody
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To: Ditter
No actually recent pictures make her look heavier not lighter..same for Damon..

Shortage of Cocaine = weight gain

163 posted on 08/30/2002 7:03:18 AM PDT by RnMomof7
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To: the-gooroo
I have a friend who has botox injections (and every other kind of beauty treatment). They never give botox below the eyes. It makes your face droop. But what if Brenda did have them, so what? What is your point? Are you telling me she is shallow & selfcentered? hahahahahaha Tell me something I have not figured out for myself.
164 posted on 08/30/2002 7:05:41 AM PDT by Ditter
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To: ~Kim4VRWC's~
Posttraumatic Stress Disorder extreme traumatic stressor Symptoms may also develop after ...death or injury experienced by a family member or other close individual.

Kim I have treated PTS folks...they do not go to spas for massages or have botox treatments or new hair styles

They are generally fearful , angey , anxious and sometimes violent..

IF Brenda has it it is because her lesbian sex has been cut off since the event

165 posted on 08/30/2002 7:06:53 AM PDT by RnMomof7
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To: The Other Harry
I did not say she was guilty of anything...I was commenting on her personality ..

Like you my main hang up is the lack of evidence that he abducted her..I have held pretty consistant that I think it was an "accidental" death in the home ..perhaps a fall or dad hit her to punish her..the cover up started because of the lifestyle

I do have a major problem that these parents will benefit from the death of their daughter..and that indeed they seek to benefit from it....

166 posted on 08/30/2002 7:11:19 AM PDT by RnMomof7
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To: the-gooroo
She definitely had Botox injections. If you see a replay of testimony notice how she is upset and crying but there is absolutely no crease between her eyebrows. Also below her nose and above her top lip--that area is totally smooth and puffy. Smile lines each side of mouth--gone. Compare to previous pictures--- definitely Botox

I was very surprised when I saw her on the stand..she is older that the Damon, and has always looked it. She looked years younger ..Botox did it

Now I have no problem with that under normal circumstances..BUT that would not be on my mind right now. I was taken back by it

167 posted on 08/30/2002 7:16:10 AM PDT by RnMomof7
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To: ~Kim4VRWC's~
Think about it..you didn't know her to diagnose her prior to a catastrophic event.

Kim are you her personal publicity agent or her defense attorney?

168 posted on 08/30/2002 7:19:21 AM PDT by RnMomof7
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To: HoneyBoo
"We need to get away for a while"- Damon.

I had not heard that Danielle had missed school the previous Friday before her disappearance. Did you mean Jan. 25-Friday?

If so, than that was the Friday that Brenda and friends went out for the first (Denise) going away party remember.



169 posted on 08/30/2002 7:23:02 AM PDT by juzcuz
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To: juzcuz
Brenda took the kids out of school early on 2/1 for the passport pics and shopping...they got home and it was later than she thought so she decided to get pizza for dinner.....
170 posted on 08/30/2002 7:25:37 AM PDT by Rheo
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To: Rheo
Rheo! Where ya bin girl?
171 posted on 08/30/2002 7:29:52 AM PDT by the-gooroo
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To: Rheo
-Danielle missed school-

I know about that she missed 2/1. I was wondering if she missed the previous friday also. I was trying to get clarification from Honeyboo. I thought Honeyboo was saying that she heard Danielle's teacher say that Danielle missed school the previous Friday- Jan.25th.
172 posted on 08/30/2002 7:47:36 AM PDT by juzcuz
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To: RnMomof7
IF Brenda has it it is because her lesbian sex has been cut off since the event

That was rather offensive. It was also a larger leap than any professional I know would ever make

Supposing it's accurate, so what?

173 posted on 08/30/2002 7:51:55 AM PDT by The Other Harry
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To: the-gooroo
Freepmail
174 posted on 08/30/2002 7:55:22 AM PDT by Rheo
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To: juzcuz
Ahhh...my mistake....hadn't heard the 1/25 missing of school..will wait for Honeyboo's answer too.
175 posted on 08/30/2002 7:56:25 AM PDT by Rheo
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To: The Other Harry
I am not actinbg in a professional capacity here..This is backroom discussion...

Not a thing I am sure she will treat that condition as soon as she can and it will go away.......a little self help

176 posted on 08/30/2002 7:59:31 AM PDT by RnMomof7
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To: Rheo
I was referring to leaving early Friday, Feb. 1, the day before the disappearance. I'm not sure even Danielle knew she'd be getting out of school early. Sounded like it was a hasty decision. Did Damon come home at noon that day? He referred in the PH to the "pizza from noon."

Also, that day at school, Danielle was assigned to write about her favorite memory and told her teacher she'd be writing about the time her grandmother's house in Florida was broken into. With all the toys and trips those kids enjoyed, the idea that that was her favorite, most memorable memory, certainly raised a red flag in my mind.

177 posted on 08/30/2002 8:05:56 AM PDT by HoneyBoo
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To: RnMomof7; Ditter
Ok, ditter re: #164 you're right about most doctors will not do Botox around mouth area. In the mouth area they use collagen injections. (above the lips and laugh lines--it puffs them up)

RnMomof7, I completely agree with you that under normal circumstances it doesn't matter to me what anyone does as far as cosmetic procedures. It just bugs the heck out of me that this is what is on Brenda's mind right now. I despise her and her husband and it does bother me that now that she has this foundation, she gets to travel, dine, shop for clothes and stay in fancy hotels all on the donations made to this farce of a foundation.

Now, every time a child is missing we get not only Mark Klass all over the airwaves but Brenda van Dam too. It makes me sick!


178 posted on 08/30/2002 8:06:56 AM PDT by the-gooroo
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To: Rheo
Hey-Rheo:

Remember when the ENRON story broke on the N/News. The CEO Burke (commited suicide??) before he died he made a statement to his buddy who testified. Burke statement was in regard to being indicted for loss of stock $$$$$$$$. Burke said (in my words) You wake up one morning to water your lawn you walk outside. Someone walks up to you and accuses you of child abuse/rape of a neighborhood child. All of a sudden the neighbors come out and stare at you and there is nothing you can do.
I thought it was an interesting statement, it makes me think about how vulnerable men are in this country. My son, my husband, my brother. It seems sometimes that that's all is needed is someone to accuse and you loose.

179 posted on 08/30/2002 8:20:42 AM PDT by juzcuz
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To: HoneyBoo
I question Damon's activities too. Brenda said in one of her testimony's that Damon was busy getting tickets 2/1, for their trip to Italy. Brenda did not say that Damon went to work.

Yet,Damon said he worked till about 5:30 on 2/1.

I also, thought Danielle was wearing a purple shirt that day I thought it was Brenda who said it. Yet, in the PP photo she has on a white shirt.

The favorite memory story is puzzling. I wonder what the end of the story was, if it had a happy ending or something that would have made her experience a favorable one in her mind.
180 posted on 08/30/2002 8:36:25 AM PDT by juzcuz
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