Child killer has proclaimed innocence in cards, visits

San Diego Union Tribune ^ | 1/3/03 | Alex Roth

[EllaMinnow]

You immediately refute my analysis - WHAT analysis???
I have not been analyzing his remarks - I posted an article.
I am listening to the interview right now - not analyzing it.

[cyncooper]

He took a polygraph....and failed, per the tape.

[EllaMinnow]

Q.Dave, please tell us where she is...

A.I have to talk to a lawyer FIRST.

[Ditter]

I think the Van Dam's are pretty reprehensible too. That doesn't make Westerfield any less guilty. Westerfield killed her & if the Van Dam's were ax murderers instead of immoral degererates, Westerfield would still be guilty of killing Danielle.

[EllaMinnow]

They were begging him to tell where she was - he says he wants a shower and a public defender, then he'll talk.

I can't listen to any more tonight.

[cyncooper]

I can't listen to any more tonight.

The RR show is over anyway. They will play the tape in its entirety sometime tomorrow. I will try to view it online well before that.

[EllaMinnow]

Here's my advice to you. Go to www.signonsandiego.com and follow the links - then you can hear the whole thing for yourself.
Take it however you want.

[cyncooper]

I refute your analysis of his comments. It seems like it depends on how you view the case, as to how you see his comments. Instead of letting others decide for themselves, you have stated how you believe this is all indicatory of guilt.

What are you talking about here?

redlipstick posted an article with not one word of her opinion thrown in. Then I posted an *excerpt* of that article with not word of personal comment made. The additional posts we made were what is on the tape as part of it was played on the Rick Roberts show---with again, no personal opinion stated--just what is on the tape.

I didn't bother to read past the above false accusation.

[CW_Conservative]

Been listening to the tapes of the Keyser/Ott interrogation of DW on the Rick Roberts show. It seems Jackie requested Dave go get a ping-pong ball for a little experimentation.

Dave says he hadn't downloaded any porn for over a year and was only seeing what was available online without having to pay, or that anyone could download. Says he copied on to 3 cd's to get it off his computer. I have done the same thing with my folders titled "Media Bias" of which FR posts are 60%.

I'm tired of documenting bias in the media and wanted to save the 1 gig of space. The same with other interests like the computer game Quake, How to program in C, etc.

Soon, I'm sure my "Westerfield" folder will be similiarly archived.

Keyser/Ott sound like jackasses asking about the screen in the bathroom. Dave tells them the only thing he knows he can see from there is the street. Which means other people could see him.

How far would the detectives go to get a conviction if they truly believed DW guilty? The jacket wasn't even tested for blood until the 13th. Plenty of time for our crime fighters to pull a Rampart - San Diego style.

I'm sorry, but the only way you find this guy guilty is by harboring some serious bias that completely blocks out the ability to reason. Or you are a LE "groupie".

The jury was made up of both.

[cyncooper]

It seems Jackie requested Dave go get a ping-pong ball for a little experimentation.

Then Westerfield says "I'm not saying I didn't initiate it..."

[Freedom2specul8]

12 search engines! I don't think even dogpile utilizes twelve. That's cool! I'm still glad you mentioned it. It'll help my kiddos for research projects. Thanks again.. :)

[Freedom2specul8]

Red, not sure if I want to hear it tonight.. but will read what everyone's written. I'll try.. if not, tomorrow for sure.

[Freedom2specul8]

My apologies for misunderstanding.

I have to wonder, like ucansee2 mentioned, why wouldn't they use more damning evidence during the trial. I would have to say if there is more damning evidence..I would say that his atty must have done a great job to keep it out.

[Freedom2specul8]

One thing that seems kind of promising is that brenda said on LKL that he and damon both have regrets...I hope the regrets have to do with being sober and not self-medicating with pot etc anymore.

[Freedom2specul8]

Sounds like he thought by you picking out those particular comments..that you must have drawn a conclusion.

[Freedom2specul8]

Has anyone watched the video yet?

[Freedom2specul8]

If any of you get the chance, be sure to watch the video of his interview. The first thing he admitted to was owning the child porn..and he thought the girls were 13 or 14 yrs old!!! THis guys is a real sleeeeazeball

[DoughtyOne]

Yep, sure sounds like he was a sleazeball alright. Thanks for the post.

[Freedom2specul8]

This is just my interpretation of the videos. I'm sure that I've missed something someone else didn't. I would like to get your opinions after you watch the videos.

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In the first or second video, dw claims that he was documenting the child porn...but didn't mention documenting it for congress. In addition, he claims he hadn't looked at the porn in about 1 -1/2 yrs. When asked how old he thought the children were, he said he thought they were 13 or 14yrs old.

He told the detectives that he thought he had deleted most files off of the computer, and the zip disks after saving the files to cd's. He thinks he had 3 cd's...but they weren't filled up.

They asked him about whether or not he watched the van dam kids from his bathroom because of the bent screen. He said no.


The detectives brought up what they considered his deviant sex life that his x-wife jackie said they had. He was obviously upset that what he had done 30 yrs ago in bed wiht his first wife was being used against him now.

He asked if the camera was on..and was told yes. He said he had asked the other guys for an attorney but felt like his rights weren't being protected. Something like "dave's rights aren't being protected". He said he felt abused and mistreated cuz he had been there for 48 hrs without a shower or sleep. He wanted an attorney..these guys got up to get him one a few minutes after he asked.

While they were waiting for atty, they had a search warrant for hair and fingernail samples.
The 3rd and 4th video were pretty quick. It is when he asked for a gun to be left behind.

Wrt:locating Danielle...I did not get the impression that he was ready to admit anything on those videos.

My opinion:I think the 2 more valuable pieces of info gathered from that video his 1. his admission to child porn and 2. His request for an attorney. The questions basically stopped after he asked for one. Although they did try a couple more times to get him to tell them were Danielle was located.

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DW'S STATUS: He wasn't arrested and held...so were his rights violated?

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Legal info

http://www.michigan.gov/documents/September2002_46569_7.PDF

48 hr rule

1991, the SCOTUS held that within 48 hrs of a warrantless arrest there must be a judicial determination of probably cause. If a defendant is arrested and held without a warrant the burden of proof shifts to the govt to prove a bonafide emergency. Being held on weekends does not count as a bonafide emergency.

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Article [IV.]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[DoughtyOne]

I believe there may have been some question about police interview tactics. Perhaps an agreement was made not to challenge all evidence if certain parts were withheld. It may also be that certain evidence may have been embarassing to the parents and the police opted not to reveal it all in order to spare them, thinking they had plenty without it.

This may be pretty flimsey, but sometimes things come up that preclude certain evidence from being aired in court.