Judge upholds death sentence in van Dam killing

CNN ^ | 1/1/03 | CNN

[SunStar]

SAN DIEGO, California (CNN) --San Diego Superior Court Judge William Mudd on Friday refused to overturn a recommended death sentence for David Westerfield in the February murder of 7-year-old Danielle van Dam.

"The court finds that the weight of the evidence ... supports the jury's verdict of death," Mudd said.

[cyncooper]

The dogs in the Van Dam case did not "hit" on Westerfield's house, SUV or motorhome.

As long as you continue to disperse a trail of lies don't expect those who were correct in their perception of the evidence to "move on" as you so desperately and pathetically beg.

[demsux]

Just where did the dogs hit?

[demsux]

pathetically beg.

BTW, I don't "pathetically beg" for anything.

I did ask a reasonable question! If you are so certain that this verdict is correct, why do you continue on these threads?

Obviously, you have your doubts, too.

[LibKill]

I only wish he could be executed repeatedly, but once will have to do.

[EllaMinnow]

I'm hanging around at least until I see the tap-dancing of the SaveDavers after tomorrow's developments.

[cyncooper]

I'm hanging around

Which we have every right to do.

I cannot get over that just because we figured out DW was guilty, and the jury reached the same conclusion, that some here say we now have to recede into the background now while they chatter on, misrepresenting the case.

tomorrow's developments.

I am curious, as the judge seemed to think some of it was "very damning", to quote him. Dusek played it down, though. I will be definitely be interested in tomorrow's document unsealing.

[demsux]

misrepresenting the case.

Ahhhh, so you are the defender of the "truth"...thanks for finally answering a very basic question.

[demsux]

Just where did the dogs hit?

[cyncooper]

thanks for finally answering a very basic question.

There was no "question", there was a demand that some of us leave. Not just from you at this time, but others on other threads. I didn't "finally" state that we have as much right to continue to post on these threads. I have stated it in the past.

Typical misrepresentation.

BTW, I'm not discussing the case with you.

[demsux]

The dogs in the Van Dam case did not "hit" on Westerfield's house, SUV or motorhome.

[cyncooper]

A trip down memory lane:

Jim Frazee, a volunteer canine handler with the Sheriff's Department, says one of his cadaver-sniffing dogs reacted to a storage compartment on Westerfield's motor home by sitting, making eye contact and barking.

http://www.signonsandiego.com/news/metro/danielle/witnesses.html

[demsux]

Under cross-examination, Frazee admits he may not have told authorities about the cadaver scent until weeks later

This guy was a moron

[EllaMinnow]

An "amateur" dog, chasing a turtle while being walked by his owner, stumbled upon Chandra Levy's remains almost a year after "professional" scent dogs had been used in Rock Creek Park and had found nothing.

And a search dog with an amateur handler, held in scorn (much like Frazee is) of the professional handlers, hit on the scent of Ashley Pond on Ward Weaver's property in Oregon. When the police dogs were brought in, they found nothing - yet Ashley's body definitely was there, under freshly poured concrete.

[cyncooper]

In addition to the cadaver dog (poor Danielle) hitting on the MH--and the testimony that it wasn't discussed because Frazee's lieutenant was right there, there was the search warrant that listed the search dog being very interested in a part of Westerfield's garage.

While not categorized as an actual hit, it was stated that the dog was very interested and returned to the spot twice. The judge did take that bit of information into consideration when granting the search warrant

[Freedom2specul8]

I wish we could find statistics on the success rate of dogs in training. The only rates i can find refer to how many and what type of searches they've been on.

[Amore]

Nice post.

[cyncooper]

Thank you, Amore.

[cyncooper]

Waiting for any information that may be released. Here's the latest:


SAN DIEGO -- David Westerfield will be back in court Monday for a hearing to release more information in his trial, 10News reported.

Lawyers for the San Diego Union-Tribune are asking Judge William Mudd to unseal all documents in the case, including Westerfield's 16-hour interview with detectives.

Defense attorneys say that releasing the information would violate Westerfield's rights.

After the hearing, Westerfield will be transferred to death row at San Quentin prison.

Meantime, the parents of Danielle van Dam, Damon and Brenda van Dam, sued Westerfield last week, alleging infliction of emotional distress.

The suit, filed in San Diego Superior Court by attorney Spencer S. Busby, also alleges negligence and asks for unspecified damages, attorney's fees and interest on all sums awarded.

The van Dams also ask that Westerfield be restrained from transferring, assigning, or in any way conveying, the assets and funds in his accounts at Mission Federal Credit Union in San Diego and Bear Sterns in New York.

http://www.thesandiegochannel.com/news/1871330/detail.html

[EllaMinnow]

"After the hearing, Westerfield will be transferred to death row at San Quentin prison."

[Freedom2specul8]

Ping to cyn's update. Excerpt:

"SAN DIEGO -- David Westerfield will be back in court Monday for a hearing to release more information in his trial, 10News reported.

Lawyers for the San Diego Union-Tribune are asking Judge William Mudd to unseal all documents in the case, including Westerfield's 16-hour interview with detectives.

Defense attorneys say that releasing the information would violate Westerfield's rights."

If anyone wants on or off this ping list, please let me know