Van Dams sue Westerfield for damages

San Diego Union Tribune ^ | 1/2/03 | San Diego Union Tribune

[Jaded]

SAN DIEGO – The parents of murdered 7-year-old Danielle van Dam sued her convicted killer, David Westerfield, on Thursday, one day before a San Diego judge was expected to sentence him to death for the harrowing crime.

Damon and Brenda van Dam seek unspecified damages in their San Diego Superior Court lawsuit against Westerfield, the 50-year-old engineer who was found guilty in August of snatching Danielle from her bed and killing her.

Westerfield, a twice-divorced father of two who lived near the van Dams in Sabre Springs and bought Girl Scout cookies from Danielle just days before her February abduction, faces sentencing at a hearing set for Friday morning.

Superior Court Judge William Mudd, who presided over the sensational trial, was expected to follow a jury's recommendation and order Westerfield's execution, although under state law he could also sentence him to life in prison without the possibility of parole.

In their lawsuit, the van Dams ask that the self-employed Westerfield be restrained from transferring any of his assets, which include a design engineering firm.

Westerfield's attorneys made the van Dams' lifestyle an issue at trial, telling jurors that Danielle could have been slain by someone they met through "swinging" activities and that they drank alcohol and smoked marijuana on the night of the crime.

Danielle vanished from her bedroom in the quiet suburb of Sabre Springs in February and remained missing for nearly a month despite sensational news coverage and one of the most exhaustive manhunts in the city's history.

Her decomposing body was discovered along a stretch of rural road in eastern San Diego County on Feb. 27.

The second-grade student's abduction from her own bedroom sent shock waves through her neighborhood, and the murder preceded a rash of kidnappings across the country during a summer of fear in which a series of young girls were snatched from their homes.

[Jaded]

Here's a big surprise.

[Jaded]

Countdown Ping

12 Hours and counting.

[EllaMinnow]

Old news.

[Jaded]

But not an official story yet. Yawn.

[Valpal1]

>>>>In their lawsuit, the van Dams ask that the self-employed Westerfield be restrained from transferring any of his assets, which
include a design engineering firm.<<<<<


I can't help but wonder what assets he has that could transferred. 401K? Does the design engineering firm have assets? Is he the sole owner?

These articles never have any real info.

[EllaMinnow]

I'll be nice now. I just had a big piece of chocolate cake.

IMHO, they wouldn't be filing this suit if they had anything that they were still hiding. I believe under California law, if DW doesn't testify in this suit, he will forfeit. Likewise, the van Dams must testify.


But let's get through tomorrow first.

[Jaded]

I thought he signed over his business to an associate in mid February. The house to Feldman. The patents were while he was working for other companies so the other companies would get the money, he'd just get the fame.

I'm sure we'll find out soon enough though.

There's a rumor that SDUT is going to shut down the Westerfield threads in February.

[Jaded]

All this food talk the last two days is giving me the munchies. My mom makes a German Chocolate cake from scratch that is to die for. Don't have any right now. Hafta settle for fruit cake. Sigh. Chocolate is better.

[RnMomof7]

I do not think he has anything left...........I think the VD's must be a little cash poor..what happened to all the donated money is there a governmental watch dog to make sure that money was not converted for private use?

[I. Ben Hurt]

There was a rumor sometime ago the van Dams had a considerable life insurance policy on Danielle. Now I don't know if it was true or just one of many rumors. Anybody know?

[dread78645]

Westerfield's attorneys made the van Dams' lifestyle an issue at trial, telling jurors that Danielle could have been slain by someone they met through "swinging" activities and that they drank alcohol and smoked marijuana on the night of the crime.

Interesting.

Didn't Brenda testify that she "drank alcohol and smoked marijuana on the night of the crime"? And didn't Denise Kemal testify about the swinging?

So where's Dave Westerfields' liability in this ?

[dread78645]

There was a rumor sometime ago the van Dams had a considerable life insurance policy on Danielle.

Yeah, it was floated around. Nobody ever came up with anything more substantial than 'I heard from a friend that ... '

Besides, any insurance company will fight tooth and nail before they let go of a buck.

[countess]

The VDs will do anything for money.

[spectre]

Yeah, a huge surprise.

One motive might be, that the Van Dams don't want Westerfield to be in a position to "hire" detectives to give him some help, say a Mark Furman type.

sw

[Freedom2specul8]

Ping to a new article..

[cyncooper]

So where's Dave Westerfields' liability in this ?

Westerfield wasn't accused of any liability in the swinging/drinking/pot smoking escapades of the parents. He was accused of kidnapping and murder. His liability in that was proven by forensic evidence.

[Bella]

The VanDam's want a new house..Brenda said she has to drive past Westerfield's house going to hers, and it's upsetting to her...

[Tijeras_Slim]

I am sick of all these SOBs.