Posted on 08/05/2002 6:54:33 AM PDT by Jaded
??? Is that child porn dressed in BDUs ???
I think desperate people can't recognize other desperate people.
I've been thinking about the trial throughout the weekend. It dawned on me, that the State will ask the jury to convict a man and sentence him to death for a crime that, itself, has not been proven.
There is absolutely not a sliver of evidence/proof that Danielle was abducted from her home.
There is absolutely not a sliver of evidence/proof that Danielle was raped.
There is absolutely not a sliver of evidence/proof that Danielle was murdered (being deceased does not equal murder). No cause of death has ever been established.
Thus, accept for possession of child porn, David Westerfield is on trial for a needs-to-be-elected DA's assumption of certain facts.
Southie, this jury will not be sequestered, and Judge Mudd is either a Fool, or thinks the rest of us are, to believe they have not watched the news or seen articles concerning this trial.
Seems Mudd doesn't CARE there was no evidence of DW in that house, he says the fingerprint in his Motor Home is all he needs to prove DW had contact with the child..and that spells "kidnapping" charges. Period!
And so it goes...
sw
I am anxious to hear how DW came home drunk from Dad's, entered a home (with no trace left behind) that he knew would be unlocked and where he could be recognized, grabbed a good-sized child, whisked her down a street where people knew him, kept her alive in his home until daylight (he miracuosly knew that parents would not discover child gone until 9:00 am), transferred her (with no trace left behind) to his MH and drove same MH back to his neighborhood where LE were combing every square foot, at some time between driving to the beach and desert and wherever, deposited her body at Dehesa Rd., where flies decided to behave in a delayed manner never seen before by forensic entomologists.
I can hardly wait and I'm not even a sci-fi fan.
I hear the FBI did that recently. Seriously, I think you meant "deplore."
How many times do we have to print it out
Just once will get you locked up. First you're deploying it, then your printing it out, next you'll be hanging it on the wall!
Maybe Kim is right about DW supporters! (j/k, of course)
I was thinking of putting a disclaimer on the bottom of every DW post.."We DEPLORE child pornography"...but even that wouldn't do any good...oh well..sigh.
sw
Mudd is basic in reasoning that if her print was in the Motor Home, then the Jury has to arrive at the conclusion that she was indeed kidnapped by DW. Forget that there is no evidence of him in the home.
Will it matter that she MAY have played in there? What did the trial accomplish? They had her print?!!
If Judge Mudd instructs the Jury they must find that DW kidnapped Danielle, because her print was in the Motor Home, then DW might as well take the stand.
I heard the judge this morning, and it didn't sound like he was giving DW any question of the doubt...print = kidnapping. Kidnapping = Murder.
Someone, anyone..tell me I am Wrong. Please.
sw
sw
There's no evidence that the VD's had some special cable lines going into/out of their house. And that those lines were CUT just prior to police starting their investigation at the VD house.
There's no evidence they were filming Danielle undetected and selling this on the internet, or selling it to the 2 men arrested in SD and Poway for running a CHILD PORN RING.
There's no evidence that either of those 2 men (known for capturing little girls and raping them on video and selling the videos) decided to kidnap Danielle, then dumped her body just before police homed in on the second man.
There's no evidence that Damon was a major salesman/mule for Child Porn in his trips back and forth to Europe.
There's no evidence that police found trace evidence of Cocaine in the VD home, but were convinced by a certain retired policewoman and a certain PR team (both of which were at the VD's side from the first moment of this crisis) to ignore this.
There's no evidence that the parents were in any was responsible for knowing the whereabouts of their daughter.
There's no evidence the parents left their children unattended in the home while they were out working/getting pizza/buying drugs/having sex with their friends/going to paintball arcades.
There's no evidence that Danielle had written notes in her diary discussing being scared, being hurt.
There's no evidence Danielle had written in her diary "I'll do better next time, Daddy"
There's no evidence Brenda and Damon were about to break up their marriage and Brenda was taking Danielle, Damon the boys, and that Danielle was about to 'tell' about the things Daddy had been doing to her.
There's no evidence that one of the visitors to the home that night, the one that TOLD THE TRUTH to police about the pot smoking, etc. was not allowed/called to testify in court.
There's no evidence that a certain person, who had a 'DATE' with Brenda that night, who did not show up at Dad's for that date, who was supposed to meet with Damon to take the boys snowboarding, who ran the DONATION FUND for the Daneille Recovery Center, whose whereabouts that night are unknown, was not allowed/called to testify in court.
I know what you mean. There are some things about which one simply cannot have rational discourse.
I don't like that DW had pictures of underage girls on his PC, it's just that I don't think it had anything to do with what happenned to Danielle.
But when you try to explain it, people look for ways to paint you like some kind of NAMBLA person or something. Emotions confuse people's reasoning.
Many people seem to identify with the VDs, lots of single mothers and divorcee's, etc, that don't want to think about the negative aspects of the VD lifestyle. They think, "Well I sometimes get drunk and bring home strangers late at night, and I am not a bad person." Then somewere along the line, the defensive instinct(or just stupidity) clouds their reason and they go from "The VDs sex and drug thing does not necessarily make them bad" to "The VDs sex and drug thing does necessarily make them not bad" And there develops a kind of identity/advocacy culture where people on any side of an issue will start arguing dishonestly for "their side." And since this whole case has been presented(outside the courtroom) as DW vs the VDs, they are against DW and refuse to see reason.
Personally, I can see where hysteria would spread against DW -- the way the case has been exposed seems to have been designed precisely to cause it. People are inclined to feel very strongly about the issues surrounding the case: child porn, parental promiscuity, in-home abductions, etc... So they bring those emotions with them to the argument.
I have my own reasons for believing he is innocent. Since I believe he is innocent, I see certain things in that context. Mudd's increasingly blatant bias upsets me. Please: the fingerprint proves the kidnapping which in turn proves everything else. He could make his instructions shorter, "Ladies and Gentlemen of the Jury, go into that room, write the word 'guilty' on a piece of paper, come back and hand it to the baliff."
LE's incompetence is so unbelieveable that, well, I don't believe it. It looks like corruption to me, and pretty obviously. Too much not looked at. Everything obvious was ignored to fabricate a case for the implausible. How could the police have someone who doesn't match the unidentified fingerprints on both doors in question that night, who doesn't match the unidentified fingerprints on the bannister, who doesn't match the unidentified fingerprints in Danielle's room, who doesn't match the unidentified DNA found on Danielle's bed, who doesn't match the unidentified single dark hair found in Danielle's armpit after the body was dicovered..... How can they think they have the right guy when he doesn't match ANY of the evidence.???
They can't believe that, it's absurd. So they know they are trying to put the wrong man to death. That's why I am upset. The media, the whole government of San Diego and some well-connected tweak-and-freak psychos seem to be conspiring to produce this Theater of Perversity before my eyes, wherein good is evil, but evil is good. Perps get sympathy and victims are scorned. If I understand CA law corrctly, and if I see what I think I see, three or four people have committed death penalty offences, but none of them are on trial.
But look at how events unravelled from the LE point of view. This guy left, had a tale of an implausible meandering trip, big scratches on his arm. The interviewers fibbed a bit to get warrants, took some statements out of context for the same purpose. Other LE doesn't know this. Then the "child porn" buzz starts, and water cooler talk around SDPD is "we have the perp."
Now they start looking for proof. But they can't find any. Now the water cooler talk is like "he is an evil genius and he's gonna get away with it." Soon, there is other, quieter talk, away from the water cooler. "We can't let this happen."
You see where I am going. A personal pet peev of mine -- LE corruption.
Smear from Danielle's panties onto existing DW blood stains from minor arm injuries about which we are all aware. I hope my DNA matches 100 out of 100 markers, not 12 out of 13.
The golden print is probably a lift from Danielle's room. The print that just says "Stop dusting, you found me!" Even when you supposedly have no comparison prints to go by. It explains why they "didn't find any prints" in Danielle's room -- because the report that said they did had to be destroyed because it detailed this print. Alternatively, they could have really thought they had it, because it was a child's print. But when Danielle's hand was rehydrated, it didn't match, so they had to fix it. The second, "more thorough" dusting was actually a cover for putting prints there that matched the hand.
Then as time passes, all the other circumstantial evidence turns out to be nothing. The scratches weren't made by fingers, the trip was a drag, but normal for for him. He really did try to find his friends, he readlly did invite others ahead of time. The whole overpayment thing really happenned. The incriminating statements were fabricated, distorted or just reasonable slips.
And now all that's left is the fabricated evidence.
Oops!
And they CAN'T CONFESS or they will face the death penalty.
I was unable to catch it this morning. From the sound of it, I'm glad I did.
My stomach churns as I fear we are witnessing the railroading of an innocent man. I've imagined it every way I can and my mind cannot conceive that this happened the way or by whom the prosecution claims.
Yeti, I cannot recall reading another opinion on this subject that has spelled out what is going on with this case, as detailed and insightful as your amazing post was. Thank you.
sw
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