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Van Dams sue Westerfield for damages
San Diego Union Tribune ^ | 1/2/03 | San Diego Union Tribune

Posted on 01/02/2003 7:00:42 PM PST by 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.


TOPICS: Heated Discussion
KEYWORDS: 180frank; danielle; dusek; feldman; vandam; westerfield
Here's a big surprise.
1 posted on 01/02/2003 7:00:42 PM PST by Jaded
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To: MagnoliaMS; I. Ben Hurt; UCANSEE2; FresnoDA; Mrs.Liberty; demsux; MizSterious; skipjackcity; ...
Countdown Ping

12 Hours and counting.

2 posted on 01/02/2003 7:03:51 PM PST by Jaded
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To: Jaded
Old news.
3 posted on 01/02/2003 7:06:42 PM PST by EllaMinnow
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To: redlipstick
But not an official story yet. Yawn.
4 posted on 01/02/2003 7:13:04 PM PST by Jaded
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To: Jaded
>>>>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.
5 posted on 01/02/2003 7:32:47 PM PST by Valpal1
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To: Jaded
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.
6 posted on 01/02/2003 7:34:40 PM PST by EllaMinnow
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To: Valpal1
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.
7 posted on 01/02/2003 7:40:45 PM PST by Jaded
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To: redlipstick
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.

8 posted on 01/02/2003 7:43:45 PM PST by Jaded
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To: Jaded
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?
9 posted on 01/02/2003 8:13:44 PM PST by RnMomof7
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To: Jaded
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?
10 posted on 01/02/2003 9:28:23 PM PST by I. Ben Hurt
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To: Jaded
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 ?

11 posted on 01/03/2003 1:05:32 AM PST by dread78645
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To: I. Ben Hurt
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.

12 posted on 01/03/2003 1:30:16 AM PST by dread78645
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To: Jaded
The VDs will do anything for money.
13 posted on 01/03/2003 3:34:00 AM PST by countess
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To: Jaded
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

14 posted on 01/03/2003 5:03:18 AM PST by spectre
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To: tetelestai; Ditter; ChiefRon; Starshine; UCANSEE2; Mrs.Liberty; Jaded; skipjackcity; BARLF; ...
Ping to a new article..
15 posted on 01/03/2003 7:37:32 AM PST by Freedom2specul8
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To: dread78645
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.

16 posted on 01/03/2003 7:49:26 AM PST by cyncooper
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To: Jaded
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...
17 posted on 01/04/2003 1:23:53 AM PST by Bella
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To: countess
I am sick of all these SOBs.
18 posted on 01/04/2003 6:12:54 AM PST by Tijeras_Slim
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