Westerfield now faces death or life in prison
KIMBERLY EPLERStaff Writer
SAN DIEGO ---- David Alan Westerfield was found guilty Wednesday of kidnapping and murdering his 7-year-old neighbor, Danielle van Dam, whose disappearance early this year was the first in a series of high-profile child abductions nationwide.
The same jury that convicted the twice-divorced, self-employed design engineer will now decide whether he faces life in prison or death by lethal injection.
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| Damon and Brenda van Dam react in the courtroom as the verdict is read
 From left, Laura Schaefer, David Westerfield, Robert Boyce and Steven Feldman as the verdict is read.
Chronology of events in the case of Danielle van Dam: Feb. 1, 2002 -- Danielle van Dam is last seen when her father puts her to bed about 10 p.m. in her family's suburban San Diego home. Feb. 2 -- Danielle's parents report her missing. Volunteers begin searching for the 7-year-old. Feb. 2-3 -- David Westerfield spends weekend traveling around San Diego County in his motor home, stopping in the desert east of the city. Feb. 5-6 -- Police search Westerfield's home twice and impound two of his vehicles, including the motor home. The search turns up child pornography. Feb. 22 -- Police arrest Westerfield for investigation of kidnapping after Danielle's blood is found on an item of his clothing and in his motor home. Feb. 26 -- Westerfield is arraigned on charges of murder, kidnapping and possession of child pornography. He pleads innocent. Feb. 27 -- Volunteers discover the nude body of a girl 25 miles east of San Diego. Feb. 28 -- An autopsy confirms the body is that of Danielle. April 25 -- Prosecutors announce they will seek death penalty in case against Westerfield. May 17 -- Jury selection begins in trial of Westerfield. June 4 -- Trial begins. Aug. 8 -- Jury begins deliberations following two months of trial and two days of closing arguments. Aug. 21 -- Jury returns its verdict on its 10th day of deliberations. |
As the court clerk read the verdicts, the little girl's mother, Brenda van Dam, sobbed with her head on her husband's shoulder. Outside the courthouse, hundreds cheered.
A trembling Westerfield, dressed in a charcoal gray suit and white button-down shirt, swallowed hard and blinked frequently but otherwise stared straight ahead as the verdicts were read. Several jurors seemed upset. Two of them, one man and one woman, appeared to wipe away tears.
The verdicts close a chapter in one of San Diego County's most publicized cases, which included admissions of drug use and wife-swapping. Reporters from all over the country gathered at the courthouse during the two-month-long trial. Local TV stations covered it gavel to gavel.
Ten days' deliberation
The jury found Westerfield, 50, guilty after deliberating 10 days in a secluded room at the downtown San Diego courthouse. The panel also convicted him of a misdemeanor charge of possessing child pornography.
Westerfield was arrested three weeks after Danielle was reported missing from her second-story bedroom the first weekend of February. Volunteer searchers found the second-grader's nude and decomposing body in rural East County on Feb. 27.
Westerfield's defense team requested that the jury of six men and six women be individually polled on each of the three counts and the special circumstance of committing a murder during a kidnapping, which qualifies Westerfield for the death penalty.
All jurors, including juror No. 10, the foreman, verified their verdicts with a single-word reply: Yes. Some answered in loud, strong voices. Others seemed shaken. Jurors were later secreted out of the courthouse.
Extra deputies were stationed inside the courtroom. Two stood near Westerfield. One by the jury box. Two others stood at the front and back doors.
Gag order in place
The attorneys, Danielle's parents and Westerfield's sister left without comment. All parties in the case remain under a court-imposed gag order until the penalty phase is complete.
Westerfield's former brother-in-law, John Neal, said he was "in shock" as he left the courtroom.
The van Dams and their friends left through a private exit to avoid reporters and photographers, as did defense attorneys and prosecutors.
Through a family spokeswoman, the van Dams said they will not comment on the case until the penalty phase is completed.
"The van Dams kindly request privacy here at their home for the sake of their two boys," Sara Muller Fraunces told reporters gathered at the family's Sabre Springs neighborhood.
Outside the courthouse, District Attorney Paul Pfingst, trying to avoid violating the gag order, kept his comments brief. "I'm proud of the work my prosecutors have done," he said.
San Diego Police Chief David Bejarano addressed the media shortly after the verdicts were read but said he, too, was limited in his comments due to the court order.
"Our people gathered and analyzed the evidence in a highly professional manner," Bejarano said. "Their testimony in court was evidence of their skill and their dedication to finding Danielle's killer. We firmly believed Mr. Westerfield was that person and I am gratified the jury looked at all the evidence and believed so, too."
Jury back Wednesday
Jurors are set to return Wednesday to hear testimony and arguments on whether Westerfield should be sentenced to death or spend the rest of his life in prison. They will then once again retreat behind closed doors to decide Westerfield's fate.
On Friday, prosecutors and defense attorneys are scheduled to meet with the judge to decide what evidence and testimony will be presented to the jury during the penalty phase. Defense lawyer Steven Feldman has asked for a "Phillips hearing" to try to keep evidence from being presented to the jury.
A Phillips hearing is held when prosecutors have evidence, such as police reports or witness testimony, of a separate criminal or violent act or threat of a violent act that occurred before the crime for which the defendant is now charged or convicted.
The hearing is to determine if the evidence is strong enough to be presented to the jury.
"If the court decides there is no testimony, it will be simply reading the police reports," Deputy District Attorney Jeff Dusek said.
During the scheduling discussion, Judge William Mudd said that parts of those hearings will be closed to the press and the public.
A case of sexual fantasy
Prosecutors built their case on the theory that Westerfield abducted Danielle to act out his sexual fantasies about young girls.
The medical examiner testified he could not determine a cause of death or whether she had been sexually assaulted.
Westerfield's defense attorneys said their client was innocent and turned the spotlight on Brenda and Damon van Dam, saying their lifestyle of admitted drug use and sex with other couples may have attracted the true perpetrator into their home.
Westerfield and Danielle lived two houses apart in the upper middle-class enclave of Sabre Springs. The van Dams testified they didn't know Westerfield's name until right before Danielle disappeared.
Outside the courthouse, 300 to 400 people gathered around the makeshift TV studios known as "Camp Westerfield" that have been set up along the street since the trial began June 4.
Many huddled around small televisions airing live feeds from the court. The crowd erupted into cheers as the first verdict was read.
National coverage of the case began almost immediately after Danielle's abduction. Her tragic story was eclipsed only by the soap-operalike quality of Westerfield's trial with eight weeks of testimony about extramarital sex, DNA evidence and the use of insects to narrow down time of death.
The case unfolded with remarkable speed.
Police quickly began focusing their attention on Westerfield when he was the only van Dam neighbor authorities were unable to contact after she was reported missing. On Feb. 22, Westerfield was arrested in front of his attorney's office. Five days later, Danielle's body was found.
100 witnesses, 199 exhibits
Within four months of her disappearance, Westerfield was on trial. Nearly 100 witnesses took the stand and 199 exhibits were presented to the jury. Murder cases normally take a year or more to reach the courts but Westerfield's went to court quickly when he asked to exercise his right to a speedy trial.
The prosecution's case centered primarily on circumstantial evidence. Experts testified that Danielle's hair, blood and fingerprints were found in Westerfield's motor home or on his clothes. More hairs that could be Danielle's were also recovered from his house. Orange and blue fibers similar to one found tangled in the girl's necklace and others in her body bag were found in his bedroom, laundry and sport utility vehicle.
Prosecutors said Danielle was likely killed less than a day after she was taken and Westerfield spent the weekend driving his motor home on a rambling 550-mile trek from the coast to the desert and back to the coast searching for a place to leave her body.
Defense attorneys had pinned their best hope for acquittal on the life cycle of flies. They called several bug experts, who testified insect activity showed Danielle's body was discarded after Westerfield was under police surveillance.
Jurors asked to hear testimony from one of the bug experts and the medical examiner during their deliberations. They came to their verdict two days later.
Staff writer Marty Graham contributed to this report. Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.
8/22/02