| The Trial of David Westerfield for the Abduction and Murder of Danielle van Dam |
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 Danielle's photo distributed by family
case in the Crime Forum, here This was About/Crime's This poll was rebooted David Westerfield: Judge William Mudd Jeff Dusek: Steven Feldman:  Elizabeth's photo distributed by family Elizabeth Smart: Salt Lake City  Rachel's photo distributed by family Rachel Cooke: Disappeared while jogging January 10, 2002,  Jahi's photo distributed by family Jahi Turner: San Diego  Mikelle's photo distributed by family Mikelle Biggs: Missing since Sabrina Aisenberg: Missing since November 24, 1997 Missing Children and Adults: Missing Children: An updated Child Watch of North America The Other Missing Kids: What Whose Kid is Important? Protecting Your Child From Abduction: including a section A Look at Other Recent Why the Murder Charge We've also got special Michael Skakel/ |
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Information and updates about the search for Danielle van Dam
(February 2 through February 28, 2002) are here
Information and updates about the weeks leading up to David Westerfield's trial
(February 28 through May 30, 2002) are here
Background:
- Early in the morning of February 2, 2002, 7-year-old Danielle van Dam disappeared from her bedroom in her San Diego (California) home.
- Within a couple of days, David Westerfield, a neighbor, emerged as the only non-family suspect: On the morning of Danielle's disappearance, he'd driven out to the nearby desert.
- Westerfield was arrested on February 22 and charged with murder, kidnapping, and possession of child pornography on February 26.
- On February 27, Danielle's body was found in the desert. The condition of the body made it impossible to determine the time and manner of her death, or whether she'd been molested.
- Based on the fact that some of Danielle's teeth appeared to have been knocked out, the prosecution believes she suffocated by having something stuffed into her mouth
- Westerfield could face the death penalty if convicted.
The defense announced it will call no more witnesses, so closing arguments will begin when the trial resumes tomorrow morning. The judge turned down the defense's request to have the jury sequestered, as well as the defense request to allow the jury the option of deciding that Danielle was accidentally killed in her bedroom (eliminating the kidnapping element).
Update: August 1
The defense, beginning their "counter-rebuttal", brought in another forensic entomologist, who backed up the testimony of the other defense entomologists. This article explains in detail how he arrived at his conclusions, and sums up what the San Diego Union-Tribune calls "The Battle of the Bug Experts".
The judge and lawyers will discuss jury instructions tomorrow, and the trial itself will resume Tuesday (August 6)
Follow-up:
The Union-Tribune discusses the obvious: The David Westerfield jury has heard a great deal more about insects than they have any patience for.
Update: July 30
The prosecution's final rebuttal witness was a forensic entomologist who testified -- for what it's worth -- that Danielle's body was been left outside anywhere between February 1 and February 12. Danielle was reported missing on February 2 and Westerfield was under police surveillance from February 5. Essentially, this prosecution witness said that the prosecution's contention (that Westerfield disposed of Danielle's body between February 2 and February 5) could be correct, but the defense's contention (that the body was left by somebody else after February 5) could also be correct. Why the prosecution chose to conclude its case with expert testimony that increased "reasonable doubt" is a bit of a mystery.
Some clarification of sorts: The prosecution entomologist also pointed out that the defense entomologist had errors in his data -- but a previous prosecution witness had already contradicted the defense entomologist's conclusions, so the net result of this final witness has to be a boost to the defense's reasonable doubt argument.
Update: July 29
"The only way the girl gets into the possession of Mr. Westerfield is by kidnapping" -Judge William Mudd
Judge Mudd denied a defense request that the jury be given the option of finding David Westerfield guilty of murder but not of kidnapping.
Why on Earth would they even make such an odd request?
Well, it could be a matter of life or death: This article doesn't explain it, but California law only allows for the death penalty under special circumstances. In the Yosemite Park murders, Cary Stayner faces the death penalty because he kidnapped his victims. In Bonnie Lee Bakley's murder, Robert Blake could have faced the death penalty because he'd been "lying in wait". The kidnapping and sexual abuse charges would "qualify" Westerfield.
Proving sexual abuse to the certainty that a jury would sentence Westerfield to death is nearly impossible with a decomposed body. If the defense pretty much concedes that Westerfield committed the murder, but Danielle had sleepwalked out of the house (she appears to have had a history of sleepwalking), Westerfield could escape Death Row.
Update: July 29
No testimony today in David Westerfield's trial, as the judge and attorneys discuss jury instructions and closing arguments.
Update: July 25
The prosecution brought in, as a rebuttal witness, a forensic anthropologist who contradicted the testimony of a defense entomologist who'd testified that Danielle's body was probably left in the desert after February 12 (which would clear Westerfield, since he'd been under constant surveillance since February 5). The above-linked article is probably as graphic as it needs to be.
After all rebuttal testimony is complete, the defense will have an opportunity to present counter-rebuttal.
Update: July 24
The defense rests its case -- without Westerfield ever testifying -- and the prosecution begins its rebuttal case with Westerfield's son, who denies his father's suggestion he was responsible for the pornography on his father's computer
Update: July 23
No testimony today: Instead, a hearing was held to discuss witnesses the prosecution intends to call when its rebuttal case begins later this week.
Update: July 22
As David Westerfield's trial resumed today, the judge instructed the jurors to "ignore" the Samantha Runnion case
Update: July 12
According to a just-released police affidavit, Westerfield told police, while the search for Danielle was ongoing, that the desert would be "a great place to dump a body".
Also: Denise Kemal, the flight attendant who testified that she'd smoked marijuana with Damon and Brenda van Dam, was fired once her airline learned she'd violated their strict anti-drug policy
Update: July 11
Judge Mudd has granted a petition by Damon van Dam to be allowed back into the courtroom when the trial resumes July 22 after a one-week recess (for Judge Mudd's family vacation)
Update: July 10
An entomologist testified that, based on the insect activity on Danielle's body (click the article for more graphic details), it had probably been left in the desert 10 to 12 days before being found (meaning somebody other than David Westerfield must have left her body there) -- but he stressed this was only an estimate, because insect activity was unusually low in February, so this period of time should be thought of as a minimum.
Update: July 9
Two defense witnesses testify, in effect, that it wouldn't have been impossible for neighborhood children such as Danielle to have entered Westerfield's motor home by themselves.
Update: A forensic scientist working for the San Diego PD was recalled by the prosecution today after having completed a comparison between fibers found in David Westerfield's motorhome and fibers found in the blanket used to wrap Danielle's body. They matched.
More details about the fiber testimony
Update: July 8
"She was rubbing herself all over him" -Patricia LaPage, defense witness
Two witnesses testify that Brenda van Dam had been "dirty dancing" with David Westerfield hours before Danielle disappeared.
Update: July 8
This week, the defense is expected to bring in a forensic entomologist to testify that Danielle's body had been out in the open for too short a time for Westerfield to have been responsible (Danielle disappeared February 2; Westerfield was under constant police surveillance as of February 4)
Update: July 3
The defense introduces evidence to suggest the child pornography might actually have belonged to Westerfield's son
Update: Two defense witnesses testify about Brenda van Dam's sexual lifestyle, and contradict her claim that she avoided David Westerfield (Brenda had said she'd found him "creepy")
The prosecution might conclude its case today. When the defense begins, look for Damon and Brenda van Dam's lifestyles to be heavily discussed.
Update: The prosecution rested and the defense opened with a neighbor of Westerfield's who testified that Westerfield's motor home was often left unlocked (making it possible for Danielle to have wandered in at any time)
Update: July 1
Closed-door hearings today, as the lawyers and judge discussed a number of issues, including whether the prosecution can call one more witness.
Defense attorney Steven Feldman has said that if the prosecution doesn't call a forensic entomologist -- a specialist in determining facts about a crime scene based on the interaction of insects -- the defense will. He contends that Danielle was killed after police had placed Westerfield under round-the-clock surveillance.
"I'm not in charge of the press getting it right ... If the media here got it wrong, then their editors should take them out and give them a new job, covering weddings or something" -Judge William Mudd
The defense asked the judge to either sequester the jury or declare a mistrial, citing the enormous amount of publicity the trial has generated (including media account that have been less than accurate). The judge turned down the request.
It should be remembered that the defense chose to push for an early trial and not to ask for a change of venue, reasoning that the backlash against the van Dams would work in their favor.
That being said, this is the sort of publicity that led to Sam Sheppard's conviction (for the 1954 murder of his wife that -- in part -- inspired television's The Fugitive) to be overturned.
The judge also ruled that Westerfield's bestiality photos would not be admitted into evidence, though the jury was not ordered to disregard having heard about them.
Update: June 26A police computer forensics expert, testifying for the prosecution, conceded under cross-examaination that he couldn't say for certain who had created or downloaded the child pornography or when -- and, for that matter, he couldn't guarantee that the images were actually those of children
The jurors were scheduled to tour Westerfield's motor home later today.
More: DNA analysis confirmed that a blonde hair found in Westerfield's motor home was Danielle's (technically, there's a 1-in-25,0000,000,000,000,000 or 1-in-25 quadrillion chance that it's not)
- Virtual Child Pornography: If no child is actually used in its creation, should it be illegal?
"As a father I can certainly appreciate the disdain to which you must hold Mr. Westerfield and his counsel. The fact is, however, you represent a security risk at this point in time" -Judge William Mudd, barring Damon van Dam from the entire floor on which David Westerfield's trial is being held, after Danielle's father raised suspicions by asking questions about how Westerfield was being transported.
Today's testimony included fiber evidence and a look at Westerfield's child pornography collection.
More: When defense attorney Steven Feldman makes a mistake, it's a doozy: Judge Mudd was originally going to allow the prosecution to introduce a small amount of Westerfield's collection -- but when Feldman tried to give the jury the impression that this was all Westerfield had had in his possession, Mudd allowed the introduction of several additional binders full of material ("You've represented.. that there's just 13 images that can be found against your client... Believe it or not, this is a search for the truth"). At least two jurors were moved to tears.
Update: June 24
Testimony: Hair similar to Danielle's was found in Westerfield's bed. The prosecution has not yet established whether DNA testing has confirmed that it's Danielle's.
Update: June 20
A criminalist testified that three spots on the jacket David Westerfield took to the cleaners shortly after Danielle's disappearance were indeed blood. The prosecution did not ask him whether the blood had been determined to have been Danielle's. He also testified having found blood on a beanbag, though the blood wasn't human (the significance of this might become apparent sometime in the future). He also described finding hair and fibers on a comforter Westerfield brought to the cleaners, a pair of Westerfield's boxer shorts, and a blanket found in Danielle's room.
More: A DNA expert discussing bloodstains on David Westerfield's jacket and on the carpet of his motor home estimated the odds that they weren't Danielle's as 1-in-130,000,000,000,000,000 and 1-in-670,000,000,000,000,000 (those are quadrillions).
Update: June 19
Evidence gathered from Westerfield's home and exhibited today included laundry, videotapes and lubricant
Update: A forensics expert testified that he's absolutely certain" that fingerprints found in Westerfield's motor home are those of Danielle van Dam
Update: June 18
The prosecution produced a shopping list written by David Westerfield, on which he'd written "bleach". Investigators had smelled bleach in Westerfield's garage and motorhome, and the prosecution is suggesting that Westerfield had used the bleach to destroy evidence. They offer no explanation of what Westerfield might have used the Mountain Dew, Pepsi, rum, dryer sheets, eggs and mouthwash for.
Update: Short, dark hairs, which could have been Westerfield's, were found on Danielle's body. A forensics specialist testified she found "possible blood stains" at various places in Westerfield's house.
Update: June 17
Physical evidence was discussed in David Westerfield's trial today: The prosecution offered testimony about clothing and bedding Westerfield brought in to be dry cleaned two days after Danielle disappeared, but the employees he dealt with -- who described Westerfield as seeming "tired" and "distant", conceded under cross-examination that they'd seen no trace of blood on the items. There was also testimony about how much Westerfield spent on gas over 3 days (about $164), and where he did and didn't drive.
Update: June 13
Testimony from three park rangers about the day after Danielle disappeared:
- Insignificant: Westerfield appeared agitated, and accidentally overpaid his camping fees
- Significant: When Westerfield paid, he took the money out of his wallet -- the same wallet he later told investigators he'd left at home
Update: June 12
Today, the jury heard a tape of a police interview of Westerfield, in which he described his trip the morning after Danielle disappeared and, at one point, said "this little place we were at" [italics mine], rather than "this little place I was at". The evidentiary value of this slip is questionable, but the prosecution thought it worth presenting.
Update: June 11
The Garden Hose:
San Diego police detective Johnny Keene testified about speaking with Westerfield after Danielle's disappearance and just before Westerfield left the area in his motor home. Keene noticed that, although the rest of the Westerfield home was immaculate, the garden hose was unrolled and strewn across the property. In his opening argument, lead prosecutor Jeff Dusek had pointed to this as a sign that Westerfield felt he'd had to leave in a hurry.
More of Keene's observations about Westerfield: "I noticed that he was sweating profusely from under his arms" and Westerfield was "overly cooperative".
Update: June 10
"He was very quiet and weird. He was creepy. He didn't say anything at all" -Denise Kemel, referring to David Westerfield on the night of February 1
Brenda van Dam's friends describe Brenda's "girl's night out", the night Danielle disappeared. The defense stresses the fact that one of the friends and her husband had had sexual relations with Damon and Brenda.
Kemel testified that the following day, after Danielle's disappearance, she spoke to David Westerfield and he mentioned having left the club at 9pm -- but she'd seen him there around 10pm.
Update: June 7
No testimony today. This article recaps what Brenda said yesterday.
Update: June 6
Brenda van Dam, Danielle's mother, testified about her encounters with David Westerfield, including walking away from him once at a local bar. The county medical examiner testified that Danielle had been dead for at least 10 days and -- as this article states -- "potentially up to six weeks" (an odd comment for anybody to make, since Danielle had been missing for 3 1/2 weeks before her body was found). He also conceded that, although evidence clearly indicated a homicide, there was no way to positively determine the manner of death or whether Danielle had been sexually assaulted.
And, of course, Brenda answered some explicit questions about her own sex life
More: The jury listened to the 9-1-1 tape.
Update: June 5
Damon van Dam, Danielle's father, testified that he barely knew David Westerfield, and they'd never been in one anther's houses (for what it's worth, there are reports that Brenda van Dam, Danielle's mother, was dancing with Westerfield the night Danielle was abducted)
More: Damon admitted he'd withheld information about that night from the police: specifically, that he'd been smoking marijuana at home and had been "snuggling in bed" with one of his wife's friends (apparently they weren't actually having sexual relations that night, though they had in the past)
Opening Arguments: June 4
The prosecution discussed the physical evidence (Danielle's hair found in Westerfield's sink, fiber similarities that were not fully explained in the opening statement), while the defense stressed the van Dams' lifestyle and pointed out that all manner of people were in and out of their home on a regular basis.
The prosecution then called a neighbor who described the search for Danielle, and two volunteers who found her body.
Update: June 3
The prosecutor revealed why hair found in Westerfield's sink is significant: DNA analysis showed that it belonged to either Brenda van Dam or one of her three children, but Brenda dyed her hair and her sons' hair was too short. Westerfield suggested that Danielle could have wandered into his home at any time, which could explain why her hair and drops of blood were found there -- but Danielle had gotten a haircut just days before her disappearance, and the hair found was consistent with the length of her hair after it was cut, severely narrowing the period of time the "wandering" could have occurred.
The murder of little Danielle van Dam brought “swinging” into the spotlight. Log on to the World Wide Web, type in “San Diego” and “swingers” on the Yahoo search, and you get 6,160 hits. That’s more than “San Diego” in combination with “hiking trails” (2,570), “car clubs” (772) or “pet lovers” (359)—though not as many as “golfers” (7,430) or “Republicans” (18,900).