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To: Valpal1
I agree with the hung jury part, but I don't believe that the Van Dams will go to civil court. The rules are much different there. Westerfield's defense would bring in all the evidence that was over looked by the prosecution, like Damon's lie detector test, Danielle's diary, the blue van and possible porno connection to the Van Dams.

I am not sure that Westerfield is innocent, but I do not feel that the prosecution came close to proving his guilt.

What about this scenario though, if Westerfield is guilty?

Maybe Westerfield was terribly drunk and saw Brenda go outside with her friend for a few tokes and a little sex, but Westerfield thinks that they are leaving to go back to the Van Dams to party. So, Westerfield leaves, too and goes to the Van Dam's door. Damon answers and says they aren't back yet, but wait a minute, maybe I have an alternative for you. Damon's mad at Danielle for not co-operating with his perverted sexual demands, but Danielle says she's sorry and will try to do better the next time. So... Damon decides to give her an chance to prove it and hands her over to the drunk Westerfield. Westerfield takes her home and doesn't mean to kill her, but he is so drunk and clumsy that when she protests he tries to quiet her and accidently smothers her.
807 posted on 08/09/2002 2:21:03 PM PDT by Eva
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To: Eva
If Westerfield was turned on by the women in the bar, why would he settle for a scared and sreaming little girl? He would have been looking for 'fun' sex. I don't think a little girl would fit the bill. Either he did it because he was a pedophile, or he didn't do it.
808 posted on 08/09/2002 2:38:56 PM PDT by Krodg
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To: All
I do not believe the VDs have anything that would hold up ten minutes in civil court. Sue your neighbor if anything untoward happens to you. We have seen volumes on here that would be very extenuating if any civil attempt were made, and Westerfield could bring in things that Mudd disallowed and that we know about, that would tie them in knots, like their lies and changes of story.

I have been following VD/DW threads on FR ever since this hit the news in early Feb., and the original threads from about March 1 show FReepers thinking and supposing with the general public that DW was guilty. I was one of the few at the early date when body was found, to say it could not have been DW that put it there.

I would say we have had a steady progression on FR from about 80% anti-DW on March 1 to about 70% pro-DW on August 1. Surely the sheer weakness of the prosecution case, their failure to prove or even evidence ANYTHING, must be the reason.

Let me again sum up the relevant facts:

1. No evidence DW had any tendency or motive to do anything at all to Danielle or had ever even noticed her.

2. No evidence that anyone entered the VD home, not only did DW not enter it, no one else entered it without permission EITHER!

3. Lots of evidence that things were pretty abnormal at VD household on Fri pm already, weird...was she already gone or harmed or dead?

4. If as I assume, Danielle was out playing in the street or at the local mini-park, there is no reason to think DW is the one who took her, indeed he was probably already gone in the MH before she ever came out to play.

5. VD children and Brenda had been in MH. We still have no adequate disclosure of just how far DW/Brenda relationship had gone, at least once.

6. Whoever killed Danielle hated the girl, brutalized her, knocked out her teeth, not so easy to do...Not DW.

7. Attention to body rather than immediate dumping, possible keeping of her alive for a week or 10 days, ...indicates against a stranger perp and argues for an inside job. DW would be a stranger perp if the prosecution is correct.

8. DW could not have put this body on Dehesa Rd; an accomplice would be needed. If we start with the body placement and work BACK, we will be better able to see what happened.

9. All the DNA evidence was likely planted from the one sample available to LE, that from the vaginal discharge in Danielle's panties. This is why such tiny spots only were put in the MH in one place, and on the WRONG jacket in the other. LE goofed up and put the Danielle DNA not on the sports coat he left with cleaners that weekend, but on an old warmup jacket that had been with cleaners since 1/26.

809 posted on 08/09/2002 2:42:28 PM PDT by crystalk
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