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In taped interrogation, Westerfield tells police 'my life is over'
San Diego Union Tribune ^ | January 7, 2003

Posted on 01/08/2003 9:24:19 AM PST by TomB

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To: cyncooper
The audio has steadily improved, hasn't it? Much easier to hear than it was earlier.
181 posted on 01/08/2003 6:50:22 PM PST by EllaMinnow (There's a fine line between open-minded and empty-headed.)
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To: redlipstick
Much easier to hear and understand.
182 posted on 01/08/2003 6:51:45 PM PST by cyncooper
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To: UCANSEE2
They decline ALL samples offered, and yes some samples were destroyed, however sample means portion of evidence not the entire piece. They could have tested the jacket spot, the hair, the fibers. All declined.

Feldman is a top rate lawyer, not afraid to go to the mat for a client. He very considerately took the heat for delaying the sentencing until after Christmas. If you think the delay was unintentional or incompetence, you are wrong. It was an act of mercy. If he believed DW was railroaded, or there was evidentiary shenanigans, you would hear about it.

As to the rush to trial, duh, that was a defense tactic to hamstring prosecutions ability to test the evidence he knew was condemnatory to his client. Which is why he didn't waste time retesting every jot and tittle of it.
183 posted on 01/08/2003 6:59:14 PM PST by Valpal1
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To: redlipstick
Do you think that some will still try to say a polygraph exam wasn't taken? I'm listening to it...

(am I listening to a tape of my opinion that an exam was administered or the fact that an exam was administered?)

184 posted on 01/08/2003 6:59:19 PM PST by cyncooper
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To: cyncooper
Latest article.

http://www.signonsandiego.com/news/metro/danielle/20030108-1314-west.html

On released tapes, Westerfield argues over failed test



SAN DIEGO – David Westerfield apparently "failed" a polygraph test administered two days after Danielle van Dam disappeared and then disputed the results with investigators, according to audio tapes made public Wednesday.

San Diego police Interrogation Specialist Paul Redden interviewed Westerfield on Feb. 4, 2002, after the suspect returned from a weekend of driving his motorhome between the Silver Strand in Coronado and the Imperial County desert area of Glamis.

Westerfield was sentenced Friday to die for the kidnapping and murder of his 7-year-old Sabre Springs neighbor, Danielle van Dam.

"Regarding the disappearance of Danielle van Dam, are you yourself in any way responsible for her missing?" Redden asked pointedly in the Feb. 4 interview.

"No," Westerfield said.

"Regarding the disappearance of Danielle van Dam, do you know for sure who is responsible for her missing?" Redden asked.

"No," Westerfield responded.

"Regarding the disappearance of Danielle van Dam, do you know her whereabouts at this time?" Redden asked.

"No," Westerfield said.

"Regarding the disappearance of Danielle van Dam, do you suspect anyone in particular of being responsible for her missing?" Redden asked.

"No," said Westerfield.

"Regarding whether or not you yourself are involved in the disappearance of Danielle van Dam, did you intend to answer truthfully each question about that?" Redden asked.

"Yes," Westerfield said.

On the tapes, officers remark that there "was a 100 percent probability of deception" by Westerfield regarding the questions about the missing child.

After Redden informs Westerfield of his failure, the since convicted murdered said he felt the test was "flawed in some way."

He told the investigator that he didn't understand how the test worked or why he failed.

"What I think I can mark it up to is empathy, something like that," he said. "That's what I'm thinking."

An edited 40-minute segment of a Redden interview with Westerfield was played during his trial and none of it contained results of the failed test, which are generally not admissable as evidence at trials.


In the tape played for jurors, Westerfield described the trip he took the weekend Danielle disappeared, beginning the morning of Feb. 2 and ending two days later.

At a hearing Monday, Judge William Mudd ordered the nine hours of audio tapes and a videotaped interview with Westerfield released to the public.

The videotape – which was not introduced at trial – shows two detectives on Feb. 5 pleading with Westerfield to tell them where Danielle's body is.

Westerfield tells the detectives, "My life is over," and asks one of the officers to leave his gun behind while he leaves an interview room.

A search volunteer found the child's nude and decomposed body under a tree near Dehesa on Feb. 27.




185 posted on 01/08/2003 7:01:49 PM PST by EllaMinnow (There's a fine line between open-minded and empty-headed.)
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To: cyncooper
Gee, cyn, I dunno...Is it all a mass audio hallucination?
186 posted on 01/08/2003 7:03:34 PM PST by EllaMinnow (There's a fine line between open-minded and empty-headed.)
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To: redlipstick
On the tapes, officers remark that there "was a 100 percent probability of deception" by Westerfield regarding the questions about the missing child.
187 posted on 01/08/2003 7:06:37 PM PST by cyncooper
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To: cyncooper
Yeah, 'cause he's so "empathetic."
188 posted on 01/08/2003 7:07:48 PM PST by EllaMinnow (There's a fine line between open-minded and empty-headed.)
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To: cyncooper
Well, it's over for the night. I'm logging off.
189 posted on 01/08/2003 7:09:00 PM PST by EllaMinnow (There's a fine line between open-minded and empty-headed.)
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To: redlipstick
That's it for tonight on the RR program.
190 posted on 01/08/2003 7:09:31 PM PST by cyncooper
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To: wimpycat
You must have missed it. I heard him respond NO to questions about kidnapping, seeing, taking, killing Danielle several times.
191 posted on 01/08/2003 7:22:44 PM PST by UCANSEE2
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To: cyncooper
Cyn. A good question now would be did Redden state for the record that DW failed one of the tests, 2, 3, or all 4.

Anyone have this info?

192 posted on 01/08/2003 7:27:30 PM PST by UCANSEE2
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To: Valpal1
They could have tested the jacket spot, the hair, the fibers. All declined.

I believe they CUT OUT the areas that were stained, leaving NOTHING else to test. This is a part of the testimony.

As far as Feldman, I know nothing else about the man or his history, besides this trial. I feel unqualified to make any judgment of his conduct of the trial myself. During the trial, I did get involved in making judgments about both lawyers, and neither I nor most of the posters who did the same, had any right.

As I stated, the questions raised about why Feldman did or did not do certain things that most people experience as normally being done in a trial, make me question whether or not he was bought. That in no way proves he was.

Someone who is a personal /business acquaintence of Feldman would have more to offer on his professionalism and trust.

The fact that Mudd didn't sequester the jury after being asked by the jurors themselves makes one question his motives too. Was he controlled,bought, whatever to ensure the outcome of the trial? Makes one wonder.

As to the rush to trial, duh, that was a defense tactic to hamstring prosecutions ability to test the evidence he knew was condemnatory to his client.

You are assuming this yourself. You have no proof, do you? There were many thoughts on why they went to trial so early, including the fact that DW wanted it done that way, not Feldman, so he could see what he could save of his life, after being accused.

See, you and Cyncooper, and sometimes Redlipstick, and many others repeat this same thing. You explain your view or opinion of why something happened, but you state it as a fact. Others read this and assume it is. That is why so many times you are asked to back it up with proof. Can you provide proof that This is why they went to trial early?

193 posted on 01/08/2003 7:39:23 PM PST by UCANSEE2
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To: cyncooper
Why wasn't this allowed in court then?

On the tapes, officers remark that there "was a 100 percent probability of deception" What officers, and based on what? I can not see the actual results myself, so I have nothing I can base this on. The PERSON doing the test is the one that sees the graphs of all the pertinent data and makes the determination.

I have been listening to the RR show, and did miss some parts of it. I would love to have someone fill me in. Someone objective.

I have not heard anyone state, so far, that particular sentence. Did I miss it? Or is this just conjecture or unidentified source again?

194 posted on 01/08/2003 7:50:58 PM PST by UCANSEE2
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To: redlipstick; cyncooper
I respect you both, and much of your conversation, and especially your staying ability on this subject.

Some of your comments relating to the Polygraph though........ how should I say it.

Girls, your petticoats are showing.

195 posted on 01/08/2003 7:52:30 PM PST by UCANSEE2
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To: UCANSEE2
Why wasn't this allowed in court then?

This will be my last post to you.

It wasn't allowed in court because polygraph examinations are not allowed in court, and any reference or implication that a polygraph was administered is not allowed in court. That is why it was not allowed in court.

The officers inform DW that he failed the polygraph and KFMB played a segment of it at the top of the hour.

redlipstick posted yet another article, which I was posting an excerpt (obviously) from in which it details Westerfield's reaction to this news. Read the article if you care to--and understand it is a newspaper article, not redlipstick's or my opinion. When I hear the rest of the tape I will hear for myself the exact words and the context in which they are said.

Tomorrow the rest of this block of tape will be played. I would think it will be available on the internet by tomorrow if it isn't already.

BTW, Val is correct. It is a fact that the blood from the jacket was available for testing by the defense. The bloodstain was cut out of the jacket and DNA extracted and the defense could have tested that same segment. You are wrong in your reply to her. You are constantly ignoring facts, or getting them wrong.

It is a fact that Feldman went to trial quickly to hopefully minimize the amount of testing that could be done.

It is not a sign of open mindedness to state that 2+2=5 when it is a fact that 2+2=4. We are dealing with facts here, not vagaries open to any old interpretation one cares to dream up.

Do not post to me again, and do not invoke my name in a post.

196 posted on 01/08/2003 8:08:55 PM PST by cyncooper
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To: redlipstick; cyncooper
I know, many posters on the DW not guilty side did the same thing. They were asked to provide proof too.

Sometimes it is too easy to state your opinion as fact. and get away with it. Neither side should have it that easy. Just My opinion.

197 posted on 01/08/2003 8:22:19 PM PST by UCANSEE2
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To: UCANSEE2
Seems that some want no differing opinions to be on these threads. I've enjoyed reading your posts. We all have.
198 posted on 01/08/2003 8:24:55 PM PST by Jrabbit
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To: Jrabbit
Seems that some want no differing opinions to be on these threads.

Having another problem with comprehension are you?

I did not ask UCANSEE2 to leave the thread. I asked him to not post or refer to me personally. See the difference? I hope so, because it is a pretty big difference.

And don't bother telling me not to post to you. I have no intention of making further comment to you, except if you are going to refer to me directly or obliquely I certainly feel free to respond.

Clearly you are of the school that if you want 2+2 to = 5, then, by golly!, your opinion is as good as the next person's. I don't buy it.

199 posted on 01/08/2003 8:40:04 PM PST by cyncooper
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To: cyncooper
You might notice, if you are not too hard-headed, that I discuss things by asking questions and allowing others opportunity to respond. You state your opinions as facts and won't back them up so go cry in your corner if you want.

There is a reason polygraph exams are not allowed in court. Yet many of you are saying that his nod of the head, and answers are proof of guilt.

The officers inform DW that he failed the polygraph and KFMB played a segment of it at the top of the hour.

Thank you for that information. I said I might have missed something. Did he fail one, two, three , or four? Or did they not specify?

Is is possible that any human being, subjected to four polygraph exams, could fail one out of four? Do you have any statistics? Are you just assuming because they said he failed, that is all you need to know? Guilty as hell. Doesn't matter. Fits what I want to believe so I accept what the court won't even allow.

I think the best thing is for each of us to listen, if possible, and judge for ourself. Problem with the poly/exams is without seeing the graph results, you know absolutely nothing. Since you can't see those, your opinion means nothing. Knowing how many he failed, the exact questions he failed, if he had variances on other questions, all these factors make up doing a polygraph exam.

It is a fact that Feldman went to trial quickly to hopefully minimize the amount of testing that could be done.

Prove the above statement, and I will concede that DW is guilty as hell. If you can't prove it, then stay off the threads. Is that a deal?

We are dealing with facts here, not vagaries open to any old interpretation one cares to dream up.

Yeah, facts. He nodded his head. That means....

You and redlipstick keep repeatedly taking things and telling us you THINK it means this. Those are not facts. It is your interpretation.

I have no problem with that, just don't try to disguise your interpretation as facts.

If there was a piece of the jacket left for Defense to test, OK. I do remember that they had destroyed some of the evidence. It was either the carpet piece or the jacket. Want to call me a liar on this too? Bet I can prove it.

Do not post to me again, and do not invoke my name in a post.

What's a matter, afraid? Can't get me to accept your interpretation, so you want me to go away.

I am here to discuss and debate this. I have my side, others have theirs. If you don't like there being another side, another view, go hide somewhere where reality can't get to you. You are acting like a baby and I really didn't expect that of you.

200 posted on 01/08/2003 8:40:58 PM PST by UCANSEE2
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