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Defendant (Westerfield) Now Lives A Spartan Existence: Nothing Left But To Fight For His Life!!
Union Tribune ^ | August 5, 2002 | Kristen Green

Posted on 08/05/2002 8:59:13 AM PDT by FresnoDA

Defendant now lives a Spartan existence

By Kristen Green
UNION-TRIBUNE STAFF WRITER

August 5, 2002

Defendant David Westerfield talks to defense attorney Robert Boyce during testimony proceedings Wednesday, July 24, 2002, at the San Diego courthouse. Westerfield is accused of the kidnapping and murder of 7-year-old Danielle van Dam last February. Westerfield's son, Neal Westerfield, appeared as a reluctant prosecution witness. (AP Photo/Dan Trevan, Pool)Until six months ago, David Westerfield hosted barbecues by his pool, fixed dinner in his remodeled kitchen and relaxed on white leather sofas in his four-bedroom house.

He ran a business from home, logging onto one of several computers. He took his plush motor home on trips to the desert, where his children and friends played on his numerous sand toys.

Today, his Sabre Springs home is on the market for $480,000 and his Toyota 4Runner, motor home and computers are in police custody. No matter what the verdict in his capital murder trial, life as David Westerfield knew it will never be the same.

After he was charged Feb. 22 with kidnapping and killing his 7-year-old neighbor Danielle van Dam, Westerfield was incarcerated in the 17-story County Jail in downtown San Diego. Because of security concerns, he was placed in isolation on the third floor, the building's medical unit.

His cell is equipped with the basics. A television is the only perk. The floors are cold, hard concrete. So are the beds. Three inches of mattress cushions his back at night.

The cell is painted white and furnished with a tiny, built-in desk, a urinal and a sink that doubles as a water fountain. On days when court isn't in session, Westerfield doesn't see much else.

"There's little opportunity for him to do anything other than watch TV or read," said Sheriff's Capt. Ken Culver, who runs the jail.

Westerfield has limited contact with anyone other than the guards. He can leave his cell, with an escort, to make phone calls, and he gets visitors several times a week.

During his incarceration, his attorneys and their staff members have met with him more than 50 times. He's had six sessions with a couple of psychologists.

He's allowed two 30-minute visits a week from friends and family. His sister stopped by 10 times, and his ex-wife and two children have visited at least a dozen times.

After visits, he returns to his cell, where he eats his meals, reads books, writes letters, watches television and sleeps.

Westerfield was moved into an isolation cell not as disciplinary action but because he was threatened. His first day in the facility, inmates drew pictures of him with a noose around his neck and screamed that they wanted him to die.

"Since then there have not been any issues with him," said Culver, who noted that Westerfield is respectful toward deputies.

Culver said it's unlikely that other prisoners know where Westerfield is. He showers alone and occasionally is allowed access to a gymnasium, also alone. He hasn't been outdoors since he was booked.

His life is not only restricted to his cell, it is tightly monitored. Deputies and video cameras record his every move.

Inmates are awakened at 4 in the morning, and breakfast is served within a half-hour so those with scheduled court appearances can be transported to courthouses.

Lunch arrives between 9:45 and 10 a.m. and dinner usually is at 4 p.m. The lights are out by 10.

Meals are produced en masse in an Otay Mesa facility and delivered to the Front Street jail. The meals, which range from fried chicken to casseroles, are reheated on individual trays in a big oven, the way airline flight attendants heat in-flight meals.

Westerfield's meals are delivered to his cell, while most inmates eat with others in central dining areas.

On court days, he changes into a suit, which sometimes has been dry-cleaned overnight.

Beneath his jacket, he puts on a metal waist-belt that has chains that cuff his arms. Then he is escorted from his cell to a pedestrian bridge that stretches from the County Jail through the old jail next to the downtown courthouse, and then to the courthouse.

During the trial, his restraints are unhooked. Westerfield sits at the defense table in a suit and tie, laughing occasionally at the judge's jokes and smiling or waving at friends who testify.

At lunchtime, when his attorneys, the jury and court staff head off to lunch, he's locked in a holding cell behind the courtroom and handed a jail-packed sack lunch. It's typically a peanut butter or bologna sandwich, an apple or orange and a drink.

After the court proceedings, deputies lead him back through the crosswalk to the jail.

When he gets there, he changes out of his suit and back into his blue jail uniform. Then he's led to the sparse, white cell that, for now, is home.


TOPICS: Local News
KEYWORDS: childpornography; daniellevandam; davidwesterfield; kidnapping; molestation; pedophile; pedophilism; pornography
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San Diego Swings

PhotoThe murder of little Danielle van Dam brought “swinging” into the spotlight. Log on to the World Wide Web, type in “San Diego” and “swingers” on the Yahoo search, and you get 6,160 hits. That’s more than “San Diego” in combination with “hiking trails” (2,570), “car clubs” (772) or “pet lovers” (359)—though not as many as “golfers” (7,430) or “Republicans” (18,900).

By Thomas K. Arnold

Club Paradise, according to its Web site, “is situated in the back hills of the El Cajon Valley, nestled in a secluded, yet easy to access area.” The facility offers a “high-class, home-party style environment” and boasts “5,000 square feet of fun, including a swimming pool, spa and backyard fire pit to socialize with your new friends while warming your erogenous zones.”

Guests are “welcome to bring some goodies (besides your wife)”—and once their erogenous zones are sufficiently warmed, they may choose from “plenty of play areas ... most prefer the living room floor or kitchen, but [private] rooms are always available.”

Club CB is an on-line club “providing a safe meeting place for sensuous consenting adults.” Member parties promise “the hottest couples, the best facilities, very tasty buffet dinners, scrumptious desserts and a staff dedicated to ensuring your experience is clean, fun and safe.”

Club CB party organizers boast they specialize in “stirring up erotic sensations and placing our members in the ideal environment to meet and expand friendships with the most exciting people in San Diego County ... all while raising funds for local charity foundations contributing to the research for multiple sclerosis and other debilitating diseases.”

Welcome to the wonderful—and apparently charitable—world of swinging, San Diego style.

Tony Lanzaratta, a retired Los Angeles police officer who, as executive director of NASCA International, probably has a better handle on swinging than anyone else in the country, stops short of saying San Diego is a hotbed for what he calls “play couples.”

“It’s impossible to chart,” Lanzaratta says. “But I travel a lot, and I know one thing: I meet a lot of people from San Diego.”

He says there are half a dozen organized swing clubs in San Diego County, some in private homes and some in commercial buildings. None is openly marked. “San Diego is a very conservative city,” he says, “so you just can’t do that.”

But even the local presence of half a dozen organized swing clubs—most of them with Web sites rivaling those of ritzy desert resorts—is no barometer for how many San Diegans actually participate in what Lanzaratta and other swingers call “the lifestyle.” According to the official NASCA Web site, that lifestyle is defined as follows:

“Swinging is social and sexual intercourse with someone other than your mate, boyfriend or girlfriend, excepting the traditional one-on-one dating. It may be defined as recreational social sex. The activity may occur at a swing party, a couple-to-couple encounter, a liaison or with a third person in a threesome. Though single men and women are involved, it is primarily an activity of couples.”

“A lot of people just have little neighborhood get-togethers in their homes, five or six couples who go for it,” Lanzaratta says. “The thing is, people are not card-carrying swingers; they don’t necessarily have to belong to clubs or even frequent parties. People don’t call up and say, ‘We’re with the Rand Corporation; are you swingers?’ So many people keep it hidden.”

NASCA originally stood for North American Swing Club Association, but now goes solely by its acronym. That’s because membership in the loosely knit, Orange County–based confederation of swing clubs now extends beyond North America—and Lanzaratta and other practitioners of “the lifestyle” believe the term “swing” has become dated.

“‘Swinging’ is not really a favored term anymore,” Lanzaratta says. “Swinging kind of connotes 1950s wife-swapping crap. It has little to do with that, and that’s why lifestyle organizations prefer to use the term ‘play couple.’”

Call it what you will—swinging is big news these days, and all because of a vivacious, bright-eyed little girl who was snatched from her home, brutally murdered and then dumped in East County.

The Danielle van Dam kidnapping and murder case has gripped San Diegans from the time the 7-year-old was first discovered to be missing from her Sabre Springs home in early February. It has also pushed into the spotlight—or shoved under the microscope—what had previously been one of San Diego’s salacious little secrets: the thriving local “swinging” scene in which the dead girl’s parents, Brenda and Damon van Dam, were involved.

From the time KFMB Radio talk-show host Rick Roberts first brought up rumors of the van Dams’ mate-swapping lifestyle, there’s been a collective finger-wagging of disapproval—and also a collective curiosity about the phenomenon.

During the murder trial of David Westerfield, defense attorney Steven Feldman tried to convince jurors that swinging may have opened the van Dams’ doors—figuratively and literally—to all sorts of perverts who could have made off with and later killed Danielle. Early in the trial, he even tried to question Brenda van Dam about what he called “sex parties,” but Judge William Mudd stopped the grieving mother from answering broad questions about her sex life because he deemed them “irrelevant.”

No wonder, then, that local swingers are becoming increasingly gun-shy.

“It seems that the San Diego media are finally waking up to alternative lifestyles about 50 years late and for all the wrong reasons, i.e., the van Dams,” Jay, who operates the Free Body, Mind & Spirit Society, one of San Diego’s swing clubs, wrote in an e-mail, replying to a query. “Our membership is composed of mostly late arrivals from the rest of the world. They are quite aware that they now reside in the epicenter of geekocracy and therefore do not wish any publicity. Nobody likes to find burning crosses on their front lawns.”

Lanzaratta, too, decries the spotlight directed toward the San Diego swinging scene by the van Dam case. “It’s too bad there was this sudden interest in the lifestyle because a crime was committed,” he says. “The lifestyle, from what I’ve seen and heard, has nothing to do with the crime. These are everyday couples, and the suspect in this case is not a couple, is he? He’s a single male. So where is this thing coming from? I’m sure the defense is going to use this [the van Dams’ connection to swinging] and say they are unfit parents and all that B.S., but that’s a bunch of crap. They’re just trying to latch onto anything at all. I can’t fault the attorneys, because that’s their job, but for everybody else to jump on the bandwagon is just crazy.”

Lanzaratta’s indignation underscores the basic philosophy that seems to be embraced by most swingers: What they are doing is perfectly normal—and besides, what goes on behind closed doors between two (or more) consenting adults is nobody’s damn business.

“Eighty percent of the human world population is polygamous, so maybe the monogamists are freaks,” claims Jay. “We swingers all seem to feel completely healthy.”

(Jay’s comments aren’t entirely accurate. He might be referring to the legality of polygamy, not the practice. According to the polygamypage.info Web site, “In most of the world polygamy is an acceptable social practice and is never a crime. In much of the Western world, including Britain and most of the United States, the practice of polygamy is not illegal. As long as the marriages are not registered with the state, there is no offense, although there is also hardly any legal recognition of the relationship. In a few states, the bigamy law is used together with a ‘common-law marriage’ law to define polygamy as illegal. These laws also tend to make same-sex partnerships and cohabitation by unmarried couples illegal as well.”)

From the NASCA International Web site: “People who swing come from all economic levels. Every job classification, all races and nationalities are represented, though the majority are Caucasian, middle to upper-middle socio-economic class, and married. Swingers ... tend to be adventuresome, emotionally mature and have excellent relationships with their mates and friends. ... Many single women have joined swing clubs, finding them a refreshing alternative to the traditional bar scene.”

Lanzaratta, 52, a proud swinger for 14 years, says that definition really says it all. Sex is just part of the lifestyle, he maintains.

“It’s first and foremost social, with a capital S,” he says. “Now, what these people do after they meet other couples is between them, but 40 percent to 50 percent never take it to the next step, which is sex. It’s a place to go to be social with like-minded people, but certainly not just to get laid.”

Typical swingers, Lanzaratta says, tend to be baby boomer couples in their 40s or 50s with time and money to travel. The annual Lifestyles convention, which used to be here in San Diego but is now held in Las Vegas or Reno, draws upwards of 6,000 attendees each year, he says.

“They are factory workers and firemen and store clerks and bankers and doctors and newscasters,” Lanzaratta says. “It’s a total cross-section of whatever middle America or normal America is. It’s couples looking for a social outlet. They’re tired of theater and dinner and $100 nightclubs. They want to go to clubs where they can meet and socialize with nice couples, with no lecherous singles stuff or pickup scene. It’s not a meat market; people who go to our clubs have no requirement to do anything.”

Of course, if they do choose to do anything of a sexual nature, he says, “they’ve got privacy, anonymity and the company of other couples.

“Sex is certainly a big part of it,” Lanzaratta concedes, “but it’s not the only thing.”

Sampling of classified advertising on the Internet indicates that sex may be a bigger part of “the lifestyle” for some swingers than the ones with whom Lanzaratta is familiar. Here are some ads from San Diego swingers pulled off www.e-MacDaddy.com, a portal for adult sites:

From Dan: “Hi, I’m a good-looking and athletic male, looking to be a sex toy. I am putting myself out [for] any kind of adventure. 3somes or anything, I’m game. I’m disease and drug free and expect the same.”

From Twoofus: “Me and my wife are looking for a couple to swing with or a party to go to. Is there a good place to just sleep with many people at once? Any info would be helpful or another young attractive couple like ourselves that would be interested would be great.”

From Shon: “Wife and I are looking for a partner to join up for a night. Male or female. If male wifey says must be big. ... Females must be in shape, nice body. No skinny model chicks!”

From SD and NW: “We have been in the San Diego area a little over a year and we are interested in making new friends. We are interested in the swinger lifestyle. We are willing and able to try anything once and we would like to experience this lifestyle. We are a married (wife is bi) couple with no children. We are both clean and in good health. If we sound interesting to you, please e-mail us and we would like to meet you for dinner or just a coffee out. PLEASE NO BI OR GAY MEN.”

So how does one go about joining a swing club? Lanzaratta says that regardless of whether a “lifestyle club” has a physical headquarters or consists of parties held in various places, the mechanism is the same. It all starts with an interview.

“You contact them via phone or e-mail and then they talk to you, talk to the [partner], have you come into an office and meet you in person,” he explains. “They sit you both down and interview you to make sure both of you are on board with this. There have been instances in which the guy dupes the woman into doing this, and no one wants to have any problems.”

Once the prospective swingers “pass” the interview hurdle, they pay an initial membership fee—$130 is standard, and that includes the first “party”—and then are given a date, time and location of the next gathering. Most San Diego swing clubs hold get-togethers for couples every weekend, or every other weekend. “Some are also open on Wednesday night, hump night—no pun intended,” Lanzaratta says with a laugh.

Most parties are for couples only, but sometimes single men or single women are allowed in—typically on Friday nights, when the action’s a bit slower than on Saturday nights. The membership fees allow these functions to be private. “If they were open to the public,” Lanzaratta says, “there could be problems.”

Once at a “party,” couples pay a cover charge of $50 to $60. That fee buys them not just admission but also munchies.

“Most of the nicer clubs have a nice buffet,” Lanzaratta says. After dinner, “you get up and sit somewhere and strike up a conversation with somebody else,” he says. Most clubs have deejays playing music, “so you get up and dance and mingle and drink a little to get more relaxed.”

And from there, well, use your imagination. “If it’s an on-premise club, there’s an area for sex,” Lanzaratta says. “It could be a back room, it could be a bedroom—that varies greatly, too. Some couples will only be with another couple if they’re both there; others want to be separate. The orgy scene is not really that prevalent—it’s usually two couples, three couples max. And then there are situations in which the man doesn’t want to do anything—he wants his wife or girlfriend to be with someone else.”

Robin C. (not her real name) is a young North County mother who briefly tried the swinger lifestyle several years ago, before she and her husband had children. Speaking through an intermediary—she’s deathly afraid of being identified—Robin says she was enticed to try “the lifestyle” by her husband. After much prodding, she relented. They hooked up with another couple her husband knew and had sex with one another.

“I knew it was wrong, but I did it,” she says. Robin and her husband soon opted out of the lifestyle, but the memories are still painful. “What were we thinking?” she asks. “This just isn’t normal.”

Lanzaratta isn’t at all surprised at this story. He says “the lifestyle” is best suited to older couples who have been married for a while and who are on solid ground.

“New relationships aren’t ready for something like this,” he says. “They have still got a lot to learn about each other. In fact, when we have a young couple come in, we give them some food for thought. We say, ‘You guys might want to think about it for a while.’”

Young couples, Lanzaratta says, are also more likely to feel insecure, which can lead to jealousy and guilt.

“Jealousy is pretty common in couples just starting out,” he says. “They need to separate love from sex. It [swinging] is recreation; it’s like going out and playing golf or tennis. And if they can keep it in that context—and if it is that for both parties—only then are they ready. Sure, the first time there might be pangs of anxiety or jealousy, or ‘Wait, you really enjoyed that; I’ve never seen you like that.’

“But they need to discuss everything before they do it and after they do it, and make sure nothing’s hidden. If one partner is more gung-ho than the other, they need to take several steps back and regroup, and ask themselves, ‘What are we trying to accomplish here?’”

Rich Hycer is a psychologist with a practice in Solana Beach. Since 1976, he has counseled hundreds of individuals and couples about relationships. He frowns on swinging just as he does on affairs, and says both can cause irreparable harm in a relationship.

“In most cases, it’s really an avoidance of dealing with the issues,” Hycer explains. “It’s much more important to look to ourselves and to what’s going on between us and our partner than look outside the marriage.”

He says people who are drawn to sex outside marriage, or outside a committed relationship, invariably are looking for a quick fix. “They may feel their marriage or relationship isn’t satisfying, but they don’t want to go through the problems of divorce,” he says. “It may temporarily make people feel good, but it doesn’t deal with the underlying issues that are going on in that marriage or relationship. It may be a short-term, ‘feel-good’ experience, but it doesn’t really solve issues and can become an avoidance.”

Lanzaratta agrees that swinging can be detrimental for couples whose relationships are in trouble. But for those involved in solid, mutually satisfying relationships, he maintains, “it’s just the opposite—it brings couples closer together and deepens their commitment. It’s not the way to fix a bad marriage; it’s a way to enhance a good marriage.”

What drives people to seek sex outside of marriage? Monogamy is unnatural, Lanzaratta says—which is why so many people have affairs, something he rails against.

He adds that, contrary to common thought, women are often the drivers behind a couple’s entry into “the lifestyle.”

“A lot of women would like maybe to have an experience with another woman, but they have no idea how to go about it in regular society,” Lanzaratta says. “This is one place they can find it. This is very acceptable here. It’s the covering up and the cheating that destroys a marriage, not the sex. This is something couples do together.” 

1 posted on 08/05/2002 8:59:13 AM PDT by FresnoDA
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To: spectre; Amore; Travis McGee; BunnySlippers; DoughtyOne; Hillary's Lovely Legs; Snow Bunny; ...
PING..) ) )
2 posted on 08/05/2002 9:00:32 AM PDT by FresnoDA
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To: Jaded; UCANSEE2
Hello, you may want to use your ping list...mine is at home...
3 posted on 08/05/2002 9:05:48 AM PDT by FresnoDA
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To: UCANSEE2; FresnoDA; Mrs.Liberty; demsux; MizSterious; Jaded; skipjackcity; RnMomof7; spectre; ...
PING )))))))))))))))))))

Welcome "theartfuldodger" to the Threads!

4 posted on 08/05/2002 9:05:55 AM PDT by UCANSEE2
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To: FresnoDA
Please forgive my ignorance.

Westerfield is almost certainly the killer right?

I have not been following the trial threads, what have I missed?

Why is all this swinger stuff important?

5 posted on 08/05/2002 9:11:06 AM PDT by WhiteGuy
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To: WhiteGuy
Hi White...not to be rude..but the case is far from cut and dried...the parents "lost" the child, while allegedly swinging with 4 friends in the garage...and supposedly, during that time, a fat 50 year old drunk guy crept into their house, without alerting the orgy, and spirited away the child...yeah, guess you are right...cut and dried....thanks for posting though.
6 posted on 08/05/2002 9:14:31 AM PDT by FresnoDA
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To: WhiteGuy
Westerfield is almost certainly the killer right?

Of course. The cops wouldn't arrest anybody unless they're guilty.

I have not been following the trial threads, what have I missed?

Start here

7 posted on 08/05/2002 9:16:32 AM PDT by dread78645
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To: WhiteGuy
No he is almost certainly not the killer. It has been testified to under oath by no less that 4 experts that David Westerfield did not have the opportunity to place Danielle's body at Dehesa. There is NO evidence whatsoever t in the VanDam house that he was in there at all. The "highly" trained dogs did not give hits on the house, RV or SUV. (However 180 Frank one of the handlers led the dogs on a leash to where he thought there should be hits).

This swinger stuff is important because the parents lead a life which included inviting strangers into their home for illicit gatherings. There is testimony to support this as well.

Here's a link to the Stealth Ninja Dave page... for some background..

Stealth Ninja Dave

8 posted on 08/05/2002 9:18:34 AM PDT by Jaded
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To: FresnoDA
I think there's a new curse to the dw threads.

I got this message "This thread has been moved to chat. Click here to view thread. "

9 posted on 08/05/2002 9:23:52 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
Yeah...well, I thought you were using some kind of magic to move them, but that is obviously not the case...in any case, this should be the last week, unless a "big surprise" is introduced....
10 posted on 08/05/2002 9:26:20 AM PDT by FresnoDA
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To: FresnoDA
Well, I really don't see a conviction for several reasons. The Prosecution has failed miserably in providing any coherent theory of the crime, blood and fingerprint evidence are notoriously iffy, fiber evidence not only made no sense, but the prosecution's heavy inference and innuendo to the fiber evidence got blasted on cross, AND we have the bug experts who are all in agreement that the body was dumped after Westerfield was under surveillance, except for one, who swears that Danielle was dead BEFORE she was reported missing. And then to factor in the multiple lies of the both the parents and swing party crowd, well, it just seems to this simpleton that a hung jury would be the very best the prosecution could ever hope for.
11 posted on 08/05/2002 9:27:26 AM PDT by Space Wrangler
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To: ~Kim4VRWC's~; FresnoDA
The AM's have been moving them. I put mine in chat to begin with. Mine's just not as cool as Fresno's though. Don't know how to do pictures. Or some of his other fancy-schmancy work. Will I ever be able to live up to his lofty standards... (sigh)
12 posted on 08/05/2002 9:28:40 AM PDT by Jaded
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To: FresnoDA; WhiteGuy
Um, there's NO evidence entered into testimony that the parents were in the garage having an orgy while someone took danielle.

Whiteguy, I agree with dread, click on his link and start with that.here it is again

http://www.signonsandiego.com/news/metro/danielle/index.html
Find the transcripts that correspond with the news reports to find out the "actual" testimony of witnesses..they will confirm or deny news reports.

To read previous Van Dam threads...there are a variety of ways..click on keywords at the top of the threads..and to go way back, try this
http://www.geocities.com/contempl8/freepersinvestigate/newsreports.html
13 posted on 08/05/2002 9:29:15 AM PDT by Freedom2specul8
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To: Space Wrangler
Bump to your "simple" analysis....BTTT
14 posted on 08/05/2002 9:30:02 AM PDT by FresnoDA
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To: Jaded
Be sure to put a link to your thread on this one..in size 4 or 5 font so people won't miss out on it.
15 posted on 08/05/2002 9:30:17 AM PDT by Freedom2specul8
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To: FresnoDA; ~Kim4VRWC's~
That's when the AdminMod moves the thread to 'General Interest'; it keeps the posts from cluttering up the news.
16 posted on 08/05/2002 9:30:20 AM PDT by dread78645
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To: FresnoDA
I'm going to miss the closing arguments, I just know it. :(
17 posted on 08/05/2002 9:31:07 AM PDT by Freedom2specul8
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Comment #18 Removed by Moderator

To: ~Kim4VRWC's~
>Other thread for today Mash Here
19 posted on 08/05/2002 9:42:47 AM PDT by Jaded
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To: basscleff
Subtle, very subtle...hee hee...LOL
20 posted on 08/05/2002 9:50:43 AM PDT by FresnoDA
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