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Prosecutor: Westerfield Guilty 'Beyond Possible Doubt'(Many Still Find Van Dam's Culpable)
Court TV ^ | August 7, 2002 | Harriet Ryan

Posted on 08/06/2002 8:53:49 PM PDT by FresnoDA

Prosecutor: Westerfield guilty 'beyond possible doubt'

Photo
Lead prosecutor Jeff Dusek traced the fingerprint, blood and fiber evidence linking defendant David Westerfield to a murdered girl.

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."

 

Westerfield listened to the prosecutor's closing argument Tuesday.

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.

 
Comprehensive case coverage


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To: shezza
Court tv has repeatedly criticized Feldman's performance yesterday, I disagree. Yes, it was disorganized, but I don't think that it was a mistake. I think that Feldman's plan was to counter the evidence presented in the prosecution's closing before the jurors went home for the day. I think that Feldman's presentation sounded disjointed because he was trying to follow the order that the prosecution had used and needed to jump around in his own notes. Feldman knew that he would start over today in a more orderly presentation, but he wasn't going to leave the jury overnight with thoughts of the prosecution's case being substantial.
361 posted on 08/07/2002 11:50:21 AM PDT by Eva
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To: the Deejay
If the defense advocate had came across as hectoring or suave or any number of other "stiff" or "know-it-all" personalities, then the jury would just close their ears and minds to his arguments. Feldman is a fly-fisherman -- goin' for the ten pound trout with two pound line.
362 posted on 08/07/2002 11:50:53 AM PDT by bvw
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To: shezza; FresnoDA; All
Shezza, I dont know about anyone else, but I am glad for your running commentary and thoughts....I have not been following this case very well, so rely heavily on these threads and everyones thoughts and commentaries...Shezza, what you have been saying, much reflects my own feelings about this case, only you are able to better state the case than I ever could...

What really bothers me, is the bug evidence, how it just about seems to eliminate DW from having dumped the body....and it bothers me tremendously how the prosecution expects us to believe that DW somehow got into the VanDam house, in the dead of night, without leaving any DNA trace anywhere, and without setting off some sort of an alarm, no matter how small....

Danielles hair, blood, and prints could possibly be explained by transference, by Danielle actually having been there previously, selling her GirlScout Cookies...

DW must be convicted only if by believing that beyond any reasonable doubt, the prosection has proved its case, that he is indeed the kidnapper and killer of Danielle...I just dont think they have proved what they needed to...

And it just seems to be, that once a prosecutor gets his grip on what he surmises to be the guilty person, no amount of evidence to the contrary, will ever convince him that he is wrong...I have seen prosecutors on TV, who when given absolute proof, that someone they convicted was really innocent, and that person is released from jail, the prosecutor, instead of being honorable and admitting his error, just keeps on yapping about how he is sure he was still right, even tho proved wrong...

I am glad I am not on this jury...what an awesome decision is theirs to make....if DW really is guilty, yet they acquit him, and he goes on to kill again, how terrible must be the guilt they would feel...if on the other hand, if he is innocent, yet they convict him, an innocent man suffers for something he did not do, and worse yet, the actual murderer of little Danielle is still free, on the loose, and apt to commit such a heinous crime again...

Altho I will not go so far as to blame the VanDams or actually say that perhaps they are guilty of some accident or such that contributed to Danielles death, still I am appalled that such people carry on such a dangerous lifestyle, while they have precious children to raise...

And by bringing what may be virtual strangers into their home, with the intention of sexual encounters, I cannot help but believe it is within the realm of real possibilities, that someone involved in that 'swinging' did harm to little Danielle...

It always appalls me, when parents are willfully negligent towards their childrens safety...I lost one of my children to disease, something over which I had no control...there was nothing I could have done to prevent him from falling ill or dying...so it just hurts me terribly, when I see parents be so careless when it comes to their children...certainly, inviting relative strangers into ones home, to engage in sex, is a dangerous activity at best and puts at risk all those in that home...How any parents can be so foolish, so careless, is beyond me and saddens me....

I have rambled on long enough here...just really wanted to let all here know, that I greatly appreciate all the input, and say thanks to all those who have worked so hard to bring to light all the facts, and also thank those who have tried to analyze what those facts may mean...
363 posted on 08/07/2002 11:50:58 AM PDT by andysandmikesmom
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To: shezza
Rodriguez, mummy man, placed time of death between Jan 17 and 31. He said there was nothing unusual about Danielle's hair clumped in various locations about the recovery site.
364 posted on 08/07/2002 11:51:09 AM PDT by shezza
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To: shezza
The afghan and orange acrylics are a perfect illustration of danger of fiber evidence. Dusek said "this is it! we found it!" And if that fiber hadn't been tested by Shen or Springer, it could be said to be a match. But Springer excluded it. Not a match. Not possible.
365 posted on 08/07/2002 11:52:29 AM PDT by shezza
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To: theirjustdue
Do we know who the foreman is?
366 posted on 08/07/2002 11:52:54 AM PDT by RnMomof7
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To: the Deejay
He's really pushing Locard's evidence theory: When someone/something moves from one place to another it will take something from the one enviornment and move it to another.
367 posted on 08/07/2002 11:53:02 AM PDT by alexandria
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To: bvw
I've been impressed with Feldman in both trials, and today I'm just so pleased listening to him......I can hardly stand to sit still! LOL!
368 posted on 08/07/2002 11:53:34 AM PDT by the Deejay
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To: FresnoDA
James Campbell, a family friend who had been involved in an affair with Reve.

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.

369 posted on 08/07/2002 11:55:41 AM PDT by I. Ben Hurt
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To: alexandria
I knew he'd do a good job on the forensics & he's doing better than I even imagined. And, boy oh boy! He's doing a number on Frazee!
370 posted on 08/07/2002 11:55:57 AM PDT by the Deejay
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To: shezza
Dog tracking: no evidence. Cielo and Hopi. We didn't get anything positive out of Hopi. Redden came in after the "Oops!" they had with Frazee. She said an alert had to be clear, unambiguous and unmistakable. It didn't happen. Cielo didn't alert on Feb. 4 at storage area. On Feb. 6 Cielo was taken to police impound lot and was taken to a compartment. This is where supposedly Cielo alerted. There's no trace. There's no physiology. There's nothing there. She wasn't there.
371 posted on 08/07/2002 11:56:05 AM PDT by shezza
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To: andysandmikesmom

Swingers rare amongst most San Diego residents.....many find Van Dam's peculiar...and "too old" for that kind of stuff.....

 

Published on March 28, 2002

Are the van Dams Fit Parents?
By Robert Kumpel

The saturation of news about the lifestyles of Brenda and Damon van Dam has not been lost on North County residents. While few can think of any friends who use recreational drugs and "swing" with other couples, most seem to believe that the parents' admitted drug use and the Friday-night partying gives them a share of the culpability for their daughter's death.

Joe Bernstein of Escondido believes that the van Dams' social life was possibly a factor in their daughter's kidnapping. "I've read and heard that they've had extracurricular activities as a couple. It could have been a situation of her turning down offers from the gentleman [David Westerfield] in question. There could have been some jealousy. It's possible, it's probable. I don't know anyone who takes recreational drugs or is involved in swinging. I think Child Protective Services should investigate them. They were probably too busy taking care of their own particular 'joys of life' to check on their kids that night. I think they'll probably find Westerfield guilty."

Another Escondido resident, Brenda Deal, immediately thinks of one thing when the van Dams are mentioned. "They're partiers. I probably know two people who use recreational drugs and zero who are swingers. Their partying definitely had something to do with Danielle's disappearance. When I'm at home at night, my child is in the same house as me. I check up on her, and I would not even think to go out and lock myself in the garage and do that kind of stuff without checking on my daughter. I don't think they are unfit parents, but I think they should change a little of their priorities. Honestly, I think they didn't check on their kids that night. Their only daughter was taken from them forever, and I would rather be dead than have that happen to me."

Amanda Arendt of Fallbrook finds the van Dams' social life "pretty controversial." "I feel really sorry for the parents, but at the same time I question their lifestyle. Personally, I couldn't do that to my kids. None of the people I know take recreational drugs or 'swing.' I'm sure that anything that influences your state of mind can lead to any act. If anybody you had a grudge against, or if there's, you know, any false doings against anybody else, there's just...I'm sure they'd want to take it out on them somehow. Children are a target that's close to home. I wouldn't investigate their fitness as parents, though. They're entitled to do what they want. Children go missing every day, and Child Protective Services doesn't investigate those parents. I have no idea why they didn't check on their children that night. Personally, I think it was stupidity. I would be kissing and hugging my daughter every night before I went to bed. Different people raise their kids different. I think a lot's going to come out in this trial -- a lot that the parents don't want to come out."

Bill Schlote has heard plenty about the case even though he lives in Sierra Madre. "I understand that she goes out on her own with some friends, apparently, but he stays at home with the kids. I don't know of anybody who uses recreational drugs, and I don't know anybody who's into swinging either. It's a possibility that their partying had something to do with the kidnapping. She apparently had seen their next-door neighbor, who allegedly committed this crime, numerous times. As far as investigating them as parents -- I think it's a little late for that. I don't know if everybody checks their children. Normally, when they tuck the children away, they probably get up once or twice a night to check on them, but that's kind of hard to say. Who really knows? You think you're in a safe neighborhood, and they apparently thought they were. It's difficult to say what's going to happen. The justice system has a lot of attorneys who do plea-bargaining, and too many people who get off of their crimes because of plea bargaining. They make a mockery of the system."

Angela Rhodes of Ramona has followed the case closely and has talked about it with her friends. "I've heard from a couple of different people. I heard [a] police officer...[who] was much more in depth than what was on the news. It's second-hand, and I don't want to repeat anything. But I expected a lot more to come out at the pretrial. I listened to quite a bit of it on the radio, and they just touched on [their lifestyle] compared to what I heard the officer had said. What I heard on the radio wasn't as much as the officer had said either.

"Personally, I have really mixed feelings. I'm pretty conservative, but people can do their own thing. I was surprised about the drugs. I can just see the type of women dancing together in the bar -- dancing together is one thing, but being as risqué as they were...it would disgust me if I saw them dancing in a bar. I know one person who I work with who is involved in swinging. But that's all I know. Based on what I heard from the pretrial stuff, they didn't even know Westerfield. He apparently seemed surprised that the dad was even home, because she had originally told him that the dad had taken the son. If he had been one of their partners or more involved in their life, then I would think the parents' lifestyle was a little to blame, but no, I don't believe so.

"As far as what I've heard of her as a mother, I think she sounds fine. Their son is getting a little older, so if they want to smoke pot in the garage, their son is going to understand that something funny is going on. If their children are unaware of the sexual things, that's okay, but if there are drugs and other things around the children, that's different. But it sounds as if it was not around the children. It also sounded like they didn't smoke pot that often in their garage. If my husband is home with my kids, I don't check them before I go to bed. Everyone is totally all over them for not checking on their kids, but their dad is their parent too, and he's just as responsible as the mother. If I have a baby-sitter, I go check on my kids. But if my husband's home, I don't necessarily go check on them unless there's a reason, like if they were sick. I certainly think they have the right person and I certainly hope...you know, O.J. got off, and it was shocking and amazing, so nothing would surprise me."

Leana Navarrete of Escondido has read a lot of Internet bulletin boards discussing the van Dam case. "I've read a lot of people condemning them, saying they are swingers, and I've read a lot of people defending them, saying they aren't. All I know are rumors. The only facts I've heard is that this lady Barbara came in and jumped on his bed and was kissing him. So I assume that if he was okay with that, then I would assume that he is okay with being with other women. Personally, I know one or two people who use drugs recreationally, but none that I would consider amoral people. I don't know anyone who is a swinger. I think their lifestyle had a direct effect on her disappearance, but I believe it had a direct effect on how well they watched their children. I think that if the person who committed the crime knew of this lifestyle, he may have known that they would not be around to protect their children at that time. If the person who committed the crime knew about it, it might have effected him pulling it off. I don't think the parents need to be investigated by Child Protective Services. I've seen worse situations where people have literally beaten up their children and not been investigated. I think that they were good parents. They were involved in the kids' sports, Brownies, Girl Scouts, you know, all that stuff. I think they were suitable parents. I assume Damon didn't check his kids because he had put them to bed and saw that they were in bed, and Brenda trusts her husband, so she didn't feel the need to check. The father should be just as responsible for them as the mother is. I think, according to the DNA evidence, that Westerfield's attorneys have a really hard job to prove that he didn't do it. It's really incriminating evidence."

Chris, who did not want her last name published, lives in Rancho Peñasquitos, right across the 15 freeway from Sabre Springs. "Sure, I've read that they were swingers and all those things." She reports the number of people she knows who use recreational drugs or engage in swinging as "zero." While she is aware of their lifestyle, Chris says that it had no effect on the disappearance of their daughter. "From the way it was described, it points to the fact that they kept it a very separate issue from their parenting. Based on what I know, I wouldn't report them as unfit parents. But I have no idea why they didn't check their children before going to bed that night. I thought that was extremely bizarre. I think he's [Westerfield] going to be found guilty. There's enough evidence."

Raylene Kaaisubish from Pauma Valley has a contradictory take on the van Dams. "They were pretty good parents from my point of view. They took care of their children, and they love their kids. You're talking to somebody who knows a lot of people who do recreational drugs, but nobody that I know of is into swinging. But their partying had something to do with her disappearance. If they weren't doing what they were doing that night, she wouldn't have been kidnapped. I think they should just let them grieve. I mean, they lost their daughter. They were probably tired, and their dad tucked them in, so that's probably why they didn't check on their kids. Somebody -- David Westerfield -- is going to be convicted."

Rick Hanson of Escondido says he's read a lot of rumors about the van Dams. "Specifically, they were swingers. Personally, I know of no one who uses recreational drugs or is involved in swinging. I think their lifestyle had something to do with it. For one thing, they weren't paying very good attention to their children. The other thing is, people who get involved in that sort of thing aren't exactly normal, and their friends aren't either. I think they should be investigated by Child Protective Services. Frankly, from what she testified, it wasn't normal what was going on in her house that night. They were under the influence of something, and, frankly, it doesn't sound like they were too interested in checking on their kids. I think Westerfield is involved, and I think there will be more coming out about the parents."

John Walsh, 20, of Escondido has heard similar rumors about the van Dams' lifestyle. "I heard they like to party. The mom smokes pot. They were swingers. Nothing too credible. I know quite a few people who use recreational drugs, but I haven't met any swingers yet. From what I heard, the next-door neighbor was jealous because he didn't have a partner for the swinging. I think that had a part in it, because he got jealous because he didn't have a wife. He got angry at them and, I guess, took it to the next level and kidnapped their daughter. I agree totally that Child Protective Services should investigate them. Since this first started, I think they've had something to do with it or were doing something wrong, because Mrs. van Dam didn't show very many emotions when the case first came around. It seemed like the neighbors were more involved in her disappearance than the mother was. They probably didn't check on their children that night because they were wasted. They're not really great parents. I hope that the neighbor who committed this serves life or death, and the parents should be investigated. They hold some responsibility for what happened to their own daughter."

Valencia Facchini of Scripps Ranch says that all she knows about the van Dams' lifestyle is rumors. "Just that they were swingers. I probably know about six or eight people into recreational drugs. I know two people who are into swinging. I don't think their lifestyle had anything to do with the kidnapping, though. I feel she really loved her daughter, and I don't think she would have exposed her daughter to that. Maybe they should be investigated as parents. But the father put the kids to bed and they were buzzed, and the kids were already in bed. I think something's going to come out of it -- I think the mom knows David Westerfield better than she's saying. I don't know if she's having an affair with him or not, but I think he's going to be convicted."

Valencia's husband, Luca Facchini, moved to San Diego from Italy ten years ago. The news reports and rumors have only fueled his cynicism. "I've heard different things, but I don't believe anything, honestly. If there is no proof, there is nothing to say. I know about 50 people who use recreational drugs and maybe 5 involved in swinging. I don't think that had anything to do with the disappearance of Danielle. They seem like good parents to me. They probably didn't check their kids that night, just out of routine. They shouldn't check every five minutes, you know. If they went to bed, they went to bed. The mother was at the bar and left the responsibility to the father. I think there will be a trial, and Westerfield is in big trouble. We can speculate all day long, but without proof, you don't know."

Nick, 22, a Carmel Mountain Ranch resident, is quite critical about the van Dam family. "I know quite a few people who use drugs, but I don't know anyone involved in swinging. But their social life absolutely had something to do with the tragedy. In their neighborhood, with the type of activity they had in their house, who knows what type of influences or other types of things were going on in that house? It all stems from that type of behavior. They should absolutely be investigated. You don't lose your kid at that hour of the night, and you don't have those types of things going on in a house where there are children. Who really knows why they didn't check their kids? If she were my daughter, I would make sure she was in bed and tucked away. That tells me that Mrs. van Dam wasn't a very good parent. I think that enough exposure to the incident and the investigation to their private life will shed some light with what's going on with that family and what's going on with America today."

Nick's friend Jenna, 17, is visiting from Oceanside. Although a bit less clear on the details, she still has an opinion. "I haven't really read that much, but I guess...I don't know. I know a lot of people who use drugs. I know a few who are into swinging but not very many. Their lifestyle definitely had something to do with the case. If you're into those kinds of things, it's going to influence the other parts of your life, including family life. I'm not really sure if they're unfit parents, but if somebody can enter the house and take their child without them noticing, that's pretty messed up. It just shows they're not paying attention too much. They're more involved in their own things. There could have been a number of reasons why they didn't check on their kids. They could have been busy doing whatever. I don't know. I heard something about the neighbor, and I truthfully think he had something to do with it, because I read that this guy was kind of crazy, and he was involved in weird things like child pornography."

Corinne Slawinski, 27, lives in Temecula and works in Carmel Mountain Ranch. "I used to know a lot of people who used drugs -- in my youth, but not anymore! I don't know anyone involved in swinging -- especially of that age! I think that the mere fact that when the alarm went off or when their door was open, they thought it was just a friend going out at whatever time of the morning, instead of checking on their children...it might have had something to do with it. I don't think that being a swinger means that you are a horrible parent. I think you need to keep it away from your kids. Assuming that people are coming and going in and out of your house at all hours of the night and not thinking to check on your child... I think that would have something to do with it -- not necessarily their sexual escapades. I couldn't care less about that. I think maybe Child Protective Services should look into it just a little bit more. I've been asking myself over and over again why they didn't check on her before they went to bed, and I feel very badly because a child was killed. I never, ever want to say that it's the parents' negligence because I'm a parent myself. I have a three-year-old. But they may or may not have been partying too much or just not paying attention. I think that Westerfield is going to get convicted, but I don't think he'll get the death penalty."

Slawinski's friend, Gina Mangiameli, 20, also lives in Temecula, though she grew up in Rancho Bernardo. "I've only heard the negative things about the van Dams. At first, everyone was kind of bleeding heart, because it was parents who lost their child. Then as the case was delved into deeper, I heard about a lot of shady, underground things going on. I work in a group home, and a lot of the kids I work with are in rehab programs. But in my personal life, I don't know anyone who uses drugs. And swinging? No one. I don't think any of that directly had anything to do with their daughter's kidnapping, but I think it had to do with their level of awareness of where their daughter was at the time. I'm studying the area of parenting, children, and social services at Palomar College, so this hits a little close to home. I think that any chance where a child's life is endangered for whatever reason, whether it's sexual activity or drug use, should be investigated. I've been asking myself a lot about why they didn't check their kids before they went to bed. It could have been drug use...I really wouldn't know. I babysit for her [Slawinski's] three-year-old a lot, and I check him even when he's taking a nap an average of three or four times. It just makes me wonder. I think that because it's been so widely publicized that Westerfield is probably going to get the death penalty, although a lot of cases like this go in unexpected directions."


372 posted on 08/07/2002 11:56:08 AM PDT by FresnoDA
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To: UCANSEE2
Thanks, FReeper's are the best. I plan on checking into this...

That little girl was being abused, period.

373 posted on 08/07/2002 11:56:30 AM PDT by Neenah
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To: shezza
They had to come up with something speculative, something to explain how all the bug experts say bugs behave in a specific way. They knew that if you believed the entomology, they'd be in trouble, so they had to come up with something, so they went fishing. Maybe Goff, maybe Rodriguez, they figured they had to back up the exposure, keep her in the container. How do they back it up? They get a dog.
374 posted on 08/07/2002 11:57:16 AM PDT by shezza
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To: shezza
Break for lunch. Judge Mudd has received two notes from jurors, will still have Fridays off (one was a medical appt. on Friday). Other note was asking to tell employers that they were on jury duty on Fridays, Mudd says "how you handle it with your job is up to you." If you are having problems with your employers because you come in just once a week, I want to hear about it. Harassment.
375 posted on 08/07/2002 11:59:26 AM PDT by shezza
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To: shezza
If Judge Mudd was a freeper, his screen name would be "Black Robe of Death".

BSOD

376 posted on 08/07/2002 12:02:53 PM PDT by Blue Screen of Death
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To: Neenah
"That little girl was being abused, period."

Yeah, I figured that out months ago. Yet, last night I was attacked by Greg Watson about it.


377 posted on 08/07/2002 12:03:43 PM PDT by the Deejay
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To: the Deejay

Choose Your Neighbors Well
By Heide Seward, Research Fellow

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.

Danielle’s 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 Danielle’s 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 child’s disappearance. He was arrested on February 22 and is being held for the kidnapping and murder of Danielle. Police have found evidence of Danielle’s blood and her fingerprints in Westerfield’s motor home. That isn’t all they found, however. A search of Westerfield’s 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 decades—Ted Bundy comes to mind—were 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 abductions—49%—are committed by family members, mostly parents. Another 27% are committed by acquaintances. When it comes to violent crimes committed against juveniles, the vast majority—65%—are committed by acquaintances. The so-called “stranger danger” tends to be exaggerated.

Dr. Janice Crouse, BLI’s 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 true—and they have not denied it—the 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.

378 posted on 08/07/2002 12:05:17 PM PDT by FresnoDA
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To: Eva
Spot on, Eva. I think you see the plan!
379 posted on 08/07/2002 12:05:41 PM PDT by shezza
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To: Neenah
That little girl was being abused, period.

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.

380 posted on 08/07/2002 12:05:41 PM PDT by Karson
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