Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-224 next last
To: cyncooper
I just went back & read your replies on this forum....

I'm not that familiar with all the names during the TRIAL discussion....

..but realize now you will not agree with my last post.

so be it....

I stand by it.

201 posted on 08/30/2002 4:07:41 PM PDT by Guenevere
[ Post Reply | Private Reply | To 199 | View Replies]

To: Guenevere
..but realize now you will not agree with my last post.

so be it....

I stand by it.

I meant only to answer your question regarding why DW's family members weren't shown.

No intention to lobby you to change your mind.:)

202 posted on 08/30/2002 4:21:33 PM PDT by cyncooper
[ Post Reply | Private Reply | To 201 | View Replies]

To: cyncooper
Thanks!
203 posted on 08/30/2002 4:31:23 PM PDT by Guenevere
[ Post Reply | Private Reply | To 202 | View Replies]

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

Westerfield is presently in a class with Charles Manson (sentenced to life). It could get worse, if the jury goes for the death penalty.

So get used to it. All of the others have appeals, and so will Westerfield.

Did you know a lady married Richard Ramirez, while he is in prison? He is the "Night-stalker."

Do you think some lady from FreeRepublic (or Refugee Board, or StealthNinjaDave)websites will decide to marry Westerfield?

204 posted on 08/30/2002 5:12:27 PM PDT by truth_seeker
[ Post Reply | Private Reply | To 200 | View Replies]

To: Rheo
Hi Rheo:

I've been searching for quite a while. I can find nodda on Danielle wearing that purple shirt on 2/1. I don't know how I got that impression. I found D. Savage test from June 18th. She describes the clothes found in Danielle's room. Brenda's testimony offered nothing about the (Purple??) longsleeve shirt on the floor.
Q: Did this clothing include a Purple-colored long sleeve shirt? A: The shirt was inside out, and it was definitely long-sleeved. I don't recall if it was purple.
205 posted on 08/30/2002 5:15:03 PM PDT by juzcuz
[ Post Reply | Private Reply | To 182 | View Replies]

To: juzcuz
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.

I'm behind again...

I don't know whether this makes any difference, but in printing, unless it's done carefully, blues tend to go white and reds tend to go black.

With the Polaroid cameras that are used by many of the passport photo places, and depending on how they are used, it would be very easy for clothing to appear to change color.

206 posted on 08/30/2002 5:31:18 PM PDT by The Other Harry
[ Post Reply | Private Reply | To 180 | View Replies]

To: truth_seeker
And dost thou have something to add, or are you just some putrid mass than can only punctuate the clear night air with bursts of swamp gas?
207 posted on 08/30/2002 5:36:19 PM PDT by bvw
[ Post Reply | Private Reply | To 204 | View Replies]

To: The Other Harry
If you look at the pp-photo the backround color is the same whitish color as the shirt. No, she was wearing a white shirt for the pp-photo. The other interesting thing that I found was the fact that the blood on the PJ's was on the sleeve cuff of the PJ top, tested positive for Danielle's DNA. Well, you all knew it, I just excepted that you all knew it.

However, Brenda was asked if anyone in the household bled during that week she said just the dog. Yet, that was not dog DNA on her PJ's it was Danielle's blood. So, how is it that Brenda didn't know about Danielle bleeding. Still, there are questions in my mind about when the PJ's were worn. Just them being on her bedroom floor doesn't address when she wore them. Neither of the attorney's ever asked Brenda about when Danielle last wore the PJ's that were on the floor that had blood on it.
208 posted on 08/30/2002 5:50:58 PM PDT by juzcuz
[ Post Reply | Private Reply | To 206 | View Replies]

To: juzcuz
Thank you for checking...I didn't recall Brenda or anyone stating what she had worn on Friday, the only clue is the passport pic...which does not look purple, unless it was a very light purple and the color is altered by lighting and such.

Thanks again for checking.

209 posted on 08/30/2002 5:58:45 PM PDT by Rheo
[ Post Reply | Private Reply | To 205 | View Replies]

To: juzcuz
Actually, the pj cuff blood was unreportable...I had read in one testimony that it was Danielle's..but further testing by ??, said it was non reportable.

The blood on the VD garage floor was also non reportable at final testing....it was human.

210 posted on 08/30/2002 6:01:40 PM PDT by Rheo
[ Post Reply | Private Reply | To 208 | View Replies]

To: Rheo
It was reported by evidence #23

Mitchell Holland, DNA expert with Bode Technology Group, VA.

I can't located it right now I'll try to find it again. Holland said that evidence group (#23 I think) which was packaged by Sorano, was tested and proved positive for Danielle as the donor. Holland testified Day 14, June 26.

I had the guy's notes in front of me earlier, right now I can't see them.
211 posted on 08/30/2002 6:19:56 PM PDT by juzcuz
[ Post Reply | Private Reply | To 210 | View Replies]

To: juzcuz
Ok- I just found it-
Mitchell Holland-Bode Technology Group

14Q: I'd like to shift your attention to an additional Item No. 3A-1 and Identified as victim clothing--also victim clothing, and ask if that if Bode No. 23?
17A: that's correct.
21 Profile obtained from Item 23.
28 Profiles obtained from sample 23, I paraphrase, matches the Profile of Danielle Van Dam.



212 posted on 08/30/2002 6:30:40 PM PDT by juzcuz
[ Post Reply | Private Reply | To 211 | View Replies]

To: juzcuz
The pj's are item #21..Mitchell Holland from Bode..(wish these people would ask and answer questions in a straight line!!)

Q. NOW, GOING BACK TO, IF WE COULD, YOUR ITEM NUMBER, I BELIEVE IT WAS 21, ITEM 2-1 THAT THIS JURY HAS PREVIOUSLY HEARD AS MATERIAL FROM VICTIM'S PAJAMAS, CAN YOU TELL US WHAT RESULTS YOU OBTAINED?

A. I'M NOW REFERRING TO A REPORT THAT WE SUBMITTED ON MAY THE 10TH, 2002, PAGE 194. THAT REPORT OR -- EXCUSE ME --WITHIN THE CASE FILE IT'S PAGE 194. IT'S PAGE TWO OF THE REPORT. NO REPORTABLE S. T. R. RESULTS WERE OBTAINED FROM THE FOLLOWING EVIDENCE ITEMS TO INCLUDE SAMPLE 21.

Q. ALL RIGHT. WHAT DO YOU MEAN "NO REPORTABLE RESULTS"?

A. NO RESULTS WERE OBTAINED THAT WE WERE ABLE TO CALL OR MAKE ANY INTERPRETATION OR CONCLUSIONS FROM.

#23 was the DNA from the purple shirt on her floor, which did match Danielle.

213 posted on 08/30/2002 6:40:23 PM PDT by Rheo
[ Post Reply | Private Reply | To 211 | View Replies]

To: Rheo
I agree their questions and answers are jumbled really makes it hard to understand.... and try to figure out.

I thank you, for finding that. I didn't see it... That the Pj's were #21 and the shirt #23. I thought just the PJ were admitted and assigned #23. Did Holland describe the shirt as a purple one or just a shirt?
214 posted on 08/30/2002 6:50:37 PM PDT by juzcuz
[ Post Reply | Private Reply | To 213 | View Replies]

To: Rheo
Ok-- If this all is shirt DNA is so--

What can we extrapolate.
The PJ's, well Danielle was wrestling with Layla around the time that Layla was still having her nose bleed at night while Danielle was ready for bed during the week that Danielle disappeared and Layla's blood got on Danielle's PJ cuff?
The blood on the (Purple??) shirt well, Danielle had a nose bleed that her mother didn't know about for a week or more and it got on her shirt?
215 posted on 08/30/2002 7:48:22 PM PDT by juzcuz
[ Post Reply | Private Reply | To 214 | View Replies]

To: juzcuz
I'm not sure cuz the blood was human so it wasn't layla's...so Danielle must have bled the night she wore those pj's and also the day she wore that shirt....could have been the same day or not.

So, who bled in the garage?..the girl whose blood is on her shirt or Derek whose blood was on the beanbag or some other bleeding person in the house that the dog only bled in???

216 posted on 08/30/2002 8:22:32 PM PDT by Rheo
[ Post Reply | Private Reply | To 215 | View Replies]

To: juzcuz
Holland did not mention color...only received cuttings w/the DNA and haven't seen color mentioned.

He is part of my big project so will know more next week.

217 posted on 08/30/2002 8:29:08 PM PDT by Rheo
[ Post Reply | Private Reply | To 214 | View Replies]

To: RnMomof7; TheSpottedOwl
Hi Guys, "Years of abuse can trigger it too--TheSpottedOwl"

Thnx Owl, I heard that can happen too.

Momo, owl kind f touched on what I was going to say...if i'm not mistaken, It can takedays, week, months, or even years to show up? What kind of advice for relaxation etc. would a theraist give for someone in a similar crisis?

218 posted on 08/31/2002 10:14:32 PM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 168 | View Replies]

To: bvw
And dost thou have something to add, or are you just some putrid mass than can only punctuate the clear night air with bursts of swamp gas?

Do you mind if I use that quote in the future? LOL It reminds me of a favorite saying of my mom, "Do you have something new to bring to the table or are you just here to make a mess that someone else has to clean up?"

219 posted on 09/02/2002 9:21:27 AM PDT by Dave_in_Upland
[ Post Reply | Private Reply | To 207 | View Replies]

To: Dave_in_Upland
I don't claim copyright to anything I post on FR, although it's *usually* polite to cite.
220 posted on 09/02/2002 9:33:08 AM PDT by bvw
[ Post Reply | Private Reply | To 219 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-224 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson