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.

[sissyjane]

You bet they are victims. Their seven year old baby was taken out of her bed in her own home by a monster that did unspeakable things to her before he brutally murdered her and left her by the side of the road like garbage.Do you have children? I can't even begin to imagine what pain they are going through.

[Freedom2specul8]

Meaning someone thinking that the vd's didn't love their children..

[UCANSEE2]

mark.

[Illbay]

Sob! Sob! Sob! When will justice EVER be done!

How about "when they finally throw the switch"?

[bvw]

The hairs on a person's head are of various length, at any time there is a mix of lengths. However every little circumstance was baked up and served to the mob, and the hair length a pertty good example of that. As evidence to murder it is flimsy bit, and there were no unflimsy bits served up against Westerfield as weighed to a capital crime, but every bit was full of the baker's soda that rises up indignation in the crowd.

All of this *curcumstantantial*, this *indirect* evidence has three simple, plausible and common sense explanations which do not require any advocate to introduce specifically in front of a jury -- a jury must consider them under common sense as applying to the HIGH standard of "beyond a reasonable doubt". One, that Brenda Van Damm herself transfered the hairs, fibers and even the DNA material onto Westerfield at Dad's the night of the murder through casual contact. Two, that Danielle, Brenda and brothers dropped hairs and fibers through casual activity in Westerfield's house while there selling cookies. Three, that Danielle and/or brothers and friends dropped the material found in the motorhome when and if they may have ventured in for testimony under oath established that the door was sometimes left unlocked and that the MH was sometimes parked in the nieghborhood.

A capital crime requires a high-standard of incontrovertable proof. That condition has never been had in this case. So why did the jurors find for guilt? Because of the mob frenzy that was stirred up.

[sissyjane]

I hope you never serve on a jury,since you can't seem to see the facts through the smoke sent up by a good defense attorney.Even the judge commented this morning about the strength of the evidence,and in particular,the hair and fingerprint.You'd have been great on the OJ jury.

[bvw]

For a response, can you not do better than that bit of slander?

[bvw]

You are referring to a *judge* who took a vacation in the middle of a murder trial.

[bvw]

Ma Barker loved her children too.

[Diamond]

distasteful behavior

Westerfield is guilty of kidnapping and murder. He is a monstorous fiend who should be executed. But 'distasteful behavior' is hardly an adequate description of the parents' behavior. Their behavior, on their admissions alone, is equally fiendish, albeit in a different sense.

Cordially,

[cyncooper]

I hope you never serve on a jury,since you can't seem to see the facts through the smoke sent up by a good defense attorney.

There are several who enjoy employing pretzel logic in order to avoid seeing what is plain to be seen.

BTW, I just read on another forum that by expressing different points of view and engaging in vigorous argument on the topic, that is considered "cramming" an opinion down one's throat. LOL

[is_is]

My kid jumped over a barrier and into a near-frozen lake when he was 2 years old.

Your incident is not in anyway comperable to the situation i discribed. While it is in no way trivial (thank God you were close by!) your responsibility is not the same as in the VD's case.....you sound like a good parent who's child got out of site for a second.....that happens....as parents we aren't omniscienct as you said, but the situations the VD's put their kids in WERE preventable. Who's to say that if they hadn't been smokin' dope that night that they would have been more alert to LOCKING doors and such.

It is unbelievable to me how people on this site will CRUCIFY a crack smoking prostitute whose child was harmed while in her control but will MINIMIZE to the nth degree the VD's behavior!!! I am all for cutting the n^ts off her killer and letting them bleed to death.....but that in no way absolves the vd's of their behavior around their children.......

[cyncooper]

Their behavior, on their admissions alone, is equally fiendish,

oooooooooookay.

[ChemistCat]

They were punished. They were more than punished. I'm not defending their behavior. I'm saying that their behavior didn't cost their daughter her life. They didn't see it coming. If they had, they surely would have changed their ways--and maybe he'd have still taken her.

[Diamond]

Morally, that is.

Cordially,

[cyncooper]

Perhaps the concept of remorse and redemption enters into that equation.

[sissyjane]

And now they have to live with their mistakes for the rest of their lives.I for one will not dump on them.It is not up to me to judge them,and I will never blame them for what happened to their daughter.I do not condone the lifestyle they were living,and I'm not sure how much of it was blown out of proportion.I hope they can find some peace.

[Diamond]

In other words, "distasteful" just doesn't capture the essence of what they did. There is no euphemism that can do it justice.

Cordially,

[Diamond]

Thank you for your thoughtful replies. I too hope that they find the redemption that can only come through the grace of God. And may little Danielle find rest for her soul, bless her heart.

Cordially,

[Diamond]

#79 should have been directed to you. My apologies.

Cordially,