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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: the-gooroo
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!

I agree..Mark has made a career on Pollys death, and Brenda will too

This makes me sick too

181 posted on 08/30/2002 8:37:40 AM PDT by RnMomof7
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To: juzcuz
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.

If you happen to run across that statement from brenda, will you ping me to it please?

The purple shirt was on the floor w/the blood on the cuff but I, too, thought the white shirt from the passport pic was the only shirt in question on that Friday.

182 posted on 08/30/2002 8:45:07 AM PDT by Rheo
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To: Rheo
We need to get our hands on the transcript from the 1st day of sentencing hearing but it hasn't been posted on the Union-Tribune website yet. Anyone know where we can find it?
183 posted on 08/30/2002 8:54:17 AM PDT by HoneyBoo
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To: Rheo
I'm looking for it. So far I only have a post it note That says.
Shirt-Purple and Blue long sleeve light stain on cuff of left sleeve.
Pajamas- long sleeve top- darker stain on left sleeve cuff.

I'll have to search the transcripts. It will take a while.
184 posted on 08/30/2002 9:13:36 AM PDT by juzcuz
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To: the-gooroo
I too, despize the VDs. But just because they live sexually immoral lives & use dope it does NOT follow (in my mind at least) that they murdered their child & framed the man down the street. That is a huge jump for me. Especially when the man down the street has Danielle's blood on his jacket & in his MH, her hair in his drain & child rape porn on his computer.

DW does not come across as a big old sweet teddybear of a man to me. He is a strange loner who drinks too much & has trouble maintaining a relationship with women.
185 posted on 08/30/2002 10:05:56 AM PDT by Ditter
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To: RnMomof7
Could someone tell me why the judge....MUDD...requested that Westerfield family members not be shown.

Now I can understand why DW would not want them shown....to spare them further attacks from the media, etc.

But as we have witnessed....Brenda, et al, make the most of their appearances, playing to the cameras....especially Damon.

I thought DW's sister's testimony heartbreaking.

Even off camera, you got a real sense of a lovely, caring person.

O f course, Brenda had to take over that spotlight too.

186 posted on 08/30/2002 1:22:35 PM PDT by Guenevere
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To: Guenevere
They had a right to be in the court room. But they should have kept silent. I think they are doing every thing they can to keep David from getting an appeal.

This is what I call be tried by the media.

187 posted on 08/30/2002 1:29:22 PM PDT by just me
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To: just me
They had the right to be in the courtroom....

...but couldn't they give that man & his family just a few minutes of uninterrupted time.

If you watched courtTV today, you would have been able to hear more of the testimony from the sister, etc.
..yesterday, Nancy Grace & others kept interrupting it.

188 posted on 08/30/2002 1:50:05 PM PDT by Guenevere
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To: Guenevere
...but couldn't they give that man & his family just a few minutes of uninterrupted time.

Yes I agree.

I just could not watch it any more. I shut it off yesterday because of Nancy Grace and company.

189 posted on 08/30/2002 1:58:54 PM PDT by just me
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To: just me
I know....me too.

Nancy Grace will have to answer to a higher judge, than Judge Mudd, someday.

She is to be pitied.....what a hardened heart she has developed.
...She has a pretty face, but it gets all gnarly & twisted when she talks nasty.

190 posted on 08/30/2002 2:03:37 PM PDT by Guenevere
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To: Guenevere
Court TV can not believe people can actually disagree with them.
191 posted on 08/30/2002 2:09:12 PM PDT by just me
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To: Guenevere
I had forgotten her name & didn't know who you guys were always talking about, but she is the one I used to get so mad at when she defended clinton. She has a nasty expression. Being blond & beautiful doesn't help her at all.
192 posted on 08/30/2002 2:19:36 PM PDT by Ditter
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To: just me
Right now, I'm praying for the appeal.
...and for Westerfield, and his family.

I wonder how soon the appeal could happen?

Well, I'll be here some this weekend....

..but anyway, have a great holiday.

193 posted on 08/30/2002 2:20:15 PM PDT by Guenevere
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To: Ditter
#192...This is so true.
She was a Clinton defender.

It is a terrible thing to watch her absolute hatred for this man.
...She is vicious...

And she (& the others) conveniently mangle the facts to suit their purposes.

194 posted on 08/30/2002 2:23:51 PM PDT by Guenevere
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To: ~Kim4VRWC's~
Re: Post Traumatic Stress Disorder...

Years of abuse can trigger it too...
195 posted on 08/30/2002 2:35:24 PM PDT by TheSpottedOwl
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To: Guenevere
Could someone tell me why the judge....MUDD...requested that Westerfield family members not be shown.

He didn't.

The family members of Westerfield that took the stand were not shown on camera at the request of FELDMAN.

Judge Mudd granted the request.

196 posted on 08/30/2002 2:53:30 PM PDT by cyncooper
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To: Ditter
Well, at least on this we can agree... The VD's are dethshpicable! (said in my very best Daffy Duck voice)

When this trial first started I, like many others here assumed DW was guilty because I was under the impression that there was this mountain of evidence against him.

Then when the testimony started in the PH I realized there were more questions than answers, especially concerning the VD's. I thought the trial would help tie things together---nope just made it worse because now there were more inconsistencies in testimony.

Basically, for me it comes down to REASONABLE DOUBT. I think there was a rush to judgment and the
VD's were cleared way too soon. As far as DW goes, the prosecution presented a scenario where he kidnaps, rapes and murders Danielle. He then dumps the body immediately.

I just dont see how it could have happened that way for all the reasons you've seen over the past few months here on these threads. Even the prosecutor admits that he doesn't know how, when, where or why DW did but he knows he did it.
Obviously there's a big disagreement over DW's guilt or innocence, I can live with that, guess I have to but IMO the prosecution did not prove their case so I would have voted not guilty.

197 posted on 08/30/2002 3:35:14 PM PDT by the-gooroo
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To: cyncooper
Thanks for clarifying this.

Today, during repeat testimony from yesterday, the lower half of the screen kept printing out that the judge requested these family members not be shown.

198 posted on 08/30/2002 3:54:02 PM PDT by Guenevere
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To: Guenevere
Ah, I see. They probably meant that he ordered it.

I heard Feldman make the request before the jury was brought in yesterday.

199 posted on 08/30/2002 3:59:16 PM PDT by cyncooper
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To: cyncooper
Thanks again,
I didn't hear this.....

...but I can certainly understand the reasoning.

The media (almost without exception) has been bloodthirsty & vile toward any mention of Westerfield.

I can only imagine what his family must be going through.

200 posted on 08/30/2002 4:01:08 PM PDT by Guenevere
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