Posted on 08/06/2002 8:53:49 PM PDT by FresnoDA
Prosecutor: Westerfield guilty 'beyond possible doubt' |
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SAN DIEGO Calling the murder of Danielle van Dam an "evil, evil crime" that shattered notions of suburban safety, a prosecutor urged jurors Tuesday to convict her neighbor, David Westerfield, of capital charges. Before a courtroom filled to capacity for closing arguments, prosecutor Jeff Dusek said the 50-year-old engineer snuck into the second-grader's bedroom last February, snatched her from her canopy bed, killed her and then "dumped this 7-year-old child naked in the dirt like trash for animals to devour." "He's guilty of these crimes. He's guilty of the ultimate evil. He's guilty to the core," Dusek told jurors at the end of a closing studded with drama despite its three-and-a-half-hour length. Dusek shouted and jabbed his finger at the defense table when he discussed Westerfield and the child pornography the prosecution says reveals a motive in the killing. But when he mentioned Danielle's death, his voice dropped to a whisper, forcing jurors to lean forward when he said, for example, of the moments before her killing, "This was not an easy time. This was not fast."
At one point, he slammed his hand again and again on the jury box rail to simulate, he said, Danielle's head striking Westerfield's headboard as he raped her. The image was too much for Brenda van Dam, Danielle's mother. She leapt up from her seat at the back of the courtroom and ran to the door in tears. Westerfield's lawyer, Steven Feldman, began his closing late Tuesday afternoon. He is to conclude Wednesday morning and then Dusek will have one final opportunity to convince the panel to convict Westerfield of felony murder, kidnapping and child pornography charges. The six women and six men who have heard evidence in the two-month long trial appeared to pay close attention to Dusek's summation, which focused on the forensic evidence connecting Westerfield to Danielle's disappearance and problems with his alibi for the weekend she vanished. A spot of her blood on a jacket Westerfield took to the dry cleaners, Dusek said, "in itself tells you he's guilty beyond a reasonable doubt. That alone. But it doesn't stop there." He also listed fiber, fingerprint and hair evidence linking Westerfield to Danielle and said, "all of it comes back to his lap." Of two blond strands found in the defendant's recreational vehicle and genetically matched to Danielle, he said, "Proof beyond a reasonable doubt? Proof beyond a possible doubt." Dusek pointed to an autopsy photo showing Danielle's badly decomposed remains and ticked off the fiber and hair evidence technicians gleaned from her body. "From Danielle herself, she helps to solve this case," he said. Westerfield gazed straight ahead, and in the back row of the courtroom, Brenda and Damon van Dam held hands and stared at the floor. A row in front of them and three seats to their right, Westerfield's sister, who was attending the trial for the first time and was in the company of her husband and son, stared at the image. Dusek also attacked Westerfield's claim that he spent the weekend Danielle vanished on a 560-mile solo road trip in his recreational vehicle. "He gives us a bogus story that just doesn't wash," said Dusek, referring to his account of driving from his home to the beach then to the desert then to another part of the desert before returning to the beach. He said Westerfield spent that weekend sexually assaulting Danielle and then after killing her, searching for a place to dump her body. The prosecutor listed other potential suspects, including the van Dams, their friends, Westerfield's teenage son and even "the bogeyman," but said each was investigated and cleared. He criticized what he said were defense attempts to implicate Westerfield's son, Neal, in the crime and said testimony about the van Dam's risque sex life, which included swinging, was irrelevant. "All the sex, the alcohol, who's doing this, who's doing that. That's got nothing to do with her kidnapping," Dusek said. With Westerfield's mug shot projected on the courtroom wall next to a passport photo of Danielle taken the day she vanished, Dusek said, "I think at times we've lost track of the other person. We've lost track of Danielle, what happened to her, what he did to her." The prosecutor downplayed bug evidence presented by the defense suggesting Westerfield was under surveillance when Danielle's body was dumped and therefore couldn't have been responsible. "Everyone's different, has a different estimation, approximation, some might even say guess," said Dusek. He added, "This is not an exact science. This is not DNA." The prosecutor told jurors repeatedly that he did not have to prove to them why Westerfield killed Danielle, only that he did, but he said he was certain jurors wanted to know, "Why would a regular, normal 50-year-old guy kidnap and kill a 7-year-old child?" There was no answer, he said, just another question. Pointing to print outs of some 85 images of child pornography found on computers and discs in Westerfield's home, Dusek said, "Why would a normal 50-year-old guy have pictures of young naked girls?" With some of the images of elementary-school aged girls, naked and exposing their genitals, flashing on the courtroom wall behind him, Dusek pointed at Westerfield and said, "These are his fantasies." Westerfield stared toward the empty witness stand, never looking at the photos. Dusek acknowledged that "if (Westerfield) is the guy, that destroys all our senses of protection." "That's the scariest part he was a normal guy down the street," said Dusek. Defense lawyer Feldman promised jurors the heart of his argument Wednesday, but in a little more than an hour before the panel, he seemed to be hoping for a hung jury. He presented jurors with a list of "Jury Responsibilities," several of which seemed aimed at encouraging any panelist for acquittal not to cave to pressure from other jurors. One "responsibility" read "All of you have the right to have your feelings respected." Just before court broke for the day, Feldman held up a blank piece of posterboard and said, "This is the only evidence they have of David Westerfield in the van Dam residence." He suggested the van Dam's swinging lifestyle endangered their children. "You don't know what pervert is coming in the door when you're in the bar, drunk, making invites," he said.
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Reve is Walsh's wife who recently filed for divorce. Sounds like there was trouble in that marriage long before the disappearance of their child.
Published on March 28, 2002 Are the van Dams Fit Parents?
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That little girl was being abused, period.
BSOD
The tragic story of Danielle van Dam, the 7-year-old San Diego girl whose recent kidnapping and murder attracted international attention, in part because of the seemingly random nature of the abduction, may yet yield some lessons that can prevent similar heartbreaking occurrences in the future.
Danielles father, Damon van Dam, tucked her in bed on the night of February 1 and then went to bed himself. Her mother, Brenda, was out with several girlfriends and did not return home until 2 a.m. Her father woke up in the middle of the night to find a sliding door open downstairs, but returned to bed without checking Danielles room.
In recent days, further details of the police investigation of the case have emerged during a preliminary court hearing to establish whether prosecutors have sufficient evidence to continue holding in custody 50-year-old David Westerfield, neighbor of the van Dams. Mr. Westerfield quickly emerged as the chief suspect in the case, in large part because of his suspicious behavior in the days immediately following the childs disappearance. He was arrested on February 22 and is being held for the kidnapping and murder of Danielle. Police have found evidence of Danielles blood and her fingerprints in Westerfields motor home. That isnt all they found, however. A search of Westerfields residence yielded still more incriminating evidence. According to a March 13 article in the San Diego Union-Tribune, Authorities found computer images of child pornography, bestiality and animated cartoons of young girls being tied up and raped. Add possession of child pornography to the list of charges against him.
Such details present a picture of a rather sleazy neighbor. If Mr. Westerfield is ultimately convicted in this case it will become still more difficult to preserve the fiction, argued strenuously as fact by some, that pornography is a victimless crime. While it is true that not all users of pornography will go so far as to kill someone, several high-profile murderers of recent decadesTed Bundy comes to mindwere heavily involved in pornography. And, few people will defend child pornography, since it is clearly exploitative.
Another important lesson that this case can teach us about protecting children could easily be lost in the confusion surrounding the real nature of child abduction. The media often focus on abductions committed randomly by complete strangers, but in fact, only about one quarter of such cases involve a child being snatched by a stranger. According to 1997 statistics from the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention, almost half of child abductions49%are committed by family members, mostly parents. Another 27% are committed by acquaintances. When it comes to violent crimes committed against juveniles, the vast majority65%are committed by acquaintances. The so-called stranger danger tends to be exaggerated.
Dr. Janice Crouse, BLIs senior fellow, said, This means that the choices parents make about who they and their children associate with can indeed make an enormous difference when it comes to protecting their children. The ancient admonition to choose your friends wisely remains good advice. Tragically, the van Dams may have learned this lesson too late. In this particular case, if reports about their swinger lifestyle and their participating in wife-swapping are trueand they have not denied itthe case may serve as a cautionary tale for other parents about the real reasons for living godly, upright and sober lives, in the words of the Book of Common Prayer. Such clean living is not only physically healthier, it also tends to protect both parents and children in other significant ways.
I share your opinion. One look at her photo on the missing child flyer tells me that. Look at her eyes. Her eyes haunt me. She should have been very excited that day. That was a passport photo; getting ready for a trip to Italy. It was taken on Friday, Feb. 1, 2002. Why did she look so sad? IMO she was an abused child.
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