In taped interrogation, Westerfield tells police 'my life is over'

San Diego Union Tribune ^ | January 7, 2003

[TomB]

In a videotaped interrogation with San Diego police detectives four days after Danielle van Dam was kidnapped, an exhausted David Westerfield says "my life is over," seemingly coming close to an admission that he murdered his 7-year-old neighbor.

"As far as I'm concerned my life is over, the life that I had, the life that I was living is over," Westerfield says in the interrogation conducted the evening of Feb. 5, 2002. Danielle was last seen the night of Feb. 1.

"But you can't blame anyone but yourself, Dave," answers one of the police detectives.

"And I have no problem with that," Westerfield replies.

In the tapes released Tuesday, Westerfield admits "unusual" sexual encounters with his wife, denies anything improper about his alleged use of binoculars to watch neighbors and says the child pornography found on his computer was simply something he downloaded along with a lot of other pornographic images and that he had no sexual interest in children.

Superior Court Judge William Mudd agreed Monday to unseal the videotape along with hundreds of pages of transcripts, documents and recordings in the Westerfield case, as well as transcripts of police interrogations and court hearings conducted in secret.

Some of the material – audiotape and videotape of Westerfield being interrogated during the early stages of the investigation – was released Tuesday afternoon.

The remainder of the material, which ranges from transcripts of closed-door court hearings to motions regarding potential evidence, will be released Monday, Mudd ruled.

The ruling Monday came three days after Mudd sentenced the former design engineer to death for kidnapping and murdering 7-year-old Danielle van Dam, his neighbor in Sabre Springs.

Monday's court hearing came in response to a request by The San Diego Union-Tribune, which has been seeking access to the information for months. The San Diego-based 4th District Court of Appeal has ruled that Mudd must release the information.

The San Diego chapter of the Society of Professional Journalists made a donation to the legal costs.

Westerfield, who attended Monday's hearing, is scheduled to be moved within days to death row at San Quentin State Prison outside San Francisco.

During earlier court appearances, Westerfield was always dressed in civilian attire, but he appeared in court Monday in a green jail jumpsuit. He sat in a holding area so he couldn't be filmed by a television camera.

[cyncooper]

They show movies?!

[Rheo]

BTW, here are some UNDISPUTED FACTS: (hourly post time)

The parents lied to and misled police for the first 17 + hours after their daughter was reported missing....(Parents admitted on the stand to lying...TESTIMONY

A 60+ pound dog AND alarm system in the home...Fact..TESTIMONY

TESTIMONY revealed that the Van Dams were involved in wife swapping, with at least one occassion taking place in the master bedroom, just down the hall from Danielle's bedroom.

Damon Van Dam admitted having sex with Barbara Easton at Easton's apartment...Damon also admitted that Barbara Easton came up to the master bedroom, got on the bed and "cuddled" with Damon at about 2:00 am ON THE NIGHT DANIELLE DISAPPEARED....TESTIMONY

Two people at the bar, Cherokee Youngs (female) and Ryan Tyrol (male), complete strangers to the Van Dams, testified, under oath, that Brenda Van Dam invited them back to the Van Dam home ON THE NIGHT DANIELLE DISAPPEARED...they felt that it was for sex...btw, either Barbara or Brenda asked Cherokee "if she liked girls?"...TESTIMONY

The Van Dam's drug dealer and his ex-brother in law came over to the Van Dam home at about 2:00 am, after the bar closed...TESTIMONY

The bug evidence indicated that the body was placed at Dehesa Rd. closer to Feb. 15-16, than Feb. 2-4. Westerfield was under constant surveillance BEFORE the 4th...TESTIMONY by the man the prosecution originally had.

The lead detective was "not aware" that blood was discovered in the Van Dam stairwell and garage, until the preliminary hearing...TESTIMONY

A spent bullet shell casing was found on the floor of the girls room one day after the room was thoroughly searched...TESTIMONY

NO evidence of Westerfield in or around the Van Dam home...TESTIMONY

Unmatched DNA mixed with Danielles DNA on the cuff of her pajama's. Westerfield excluded...TESTIMONY

Unidentified fingerprint on bannister in the Van Dam home. Westerfield excluded...TESTIMONY

Unidentified hair on Danielle's body. Westerfield excluded...TESTIMONY

Pot use and drinking by the parents on the night Danielle disappeared...TESTIMONY

Location of body: somebody wanted this body found...not buried or hidden...an illegal dumpsite...more like a serial killer...Westerfield was all over the county and desert and could have buried her in the desert...CONCLUSION with merit.

International child porn ring broken up at virtually the same time as this event, with one of the perps living within walking distance of the bar, in POWAY...FACT but not testimony

1207 posted on 01/24/2003 7:10 AM PST by demsux

I won't bother as it wouldn't penetrate your cranium and make one bit of difference to you how many ways and times the irrelevant, hyped, exaggerated or just plain wrong is pointed out to you.

Your "facts" are all very interesting, even though exaggerated and hyped for maximum effect.

But then, reality and facts aren't exactly up your alley, are they. Idiot.

Dems has listed these items from TESTIMONY..except the last two...one is a fact and one is a conclusion.

So which on the list are irrelevant, hyped, exxagerated or just plain wrong?

[Rheo]

OK, thanks, wasn't sure what it had to do with dog hair...also shows tho the obstacle course he had to go around getting her out of there...the bookcase and table..the fact that anyone could have come out of the master bedroom and seen him descend the 3 level staircase from the skybridge.

What was the chart of the dog hair suppose to point out?....testimony revealed it was not the entire story.

[cyncooper]

I cite testimony all the time, too.

I happened to point out Westerfield miserably failing the poly and the parents passing and demsux had a conniption basically saying I was restricted to only posting testimony or it didn't count. LOL

I think his little list speaks for itself and I'm not inclined to get in an argument about it. I think most would agree with my assessment.

I never said everything on his list was not from testimony and didn't need a primer on what was or is. But since he was restricting me, I pointed out to him that he included things on his list not in testimony.

I really think you all know that (since I even went on subsequently to say as much) but just enjoy twisting things to a fare-thee-well until facts are beyond recognition and thus easily disregarded.

[Rheo]

I think his little list speaks for itself and I'm not inclined to get in an argument about it. I think most would agree with my assessment

I'm not interested in an argument...what assessment is it about this "little list" that you and "most" would agree with?...that they are not facts or what?

[BARLF]

I really think you all know that (since I even went on subsequently to say as much) but just enjoy twisting things to a fare-thee-well until facts are beyond recognition and thus easily disregarded.

Would you please be more specific as to you all?

twisting things?

What facts have we all twisted making the facts beyond recognition?

[countess]

They show movies?!

Don't try to act so wide-eyed and innocent. We know you watch Dominick Dunne on Wednesday nights. You know all the CTV bimbettes by name. C'mon, we all know you know the weekend schedule, too.

[Jrabbit]

Yes, I understood your insult to Jaded.

[cyncooper]

I've never seen Dunne's show. Is it any good?

(He lost cache with me with his "Chandra is a sex slave" scoop that turned out to be a dud. Too bad, I have several of his novels.)

[BARLF]

Allegedly Fulfilling Sick Fantasies On Tuesday, Dusek said in his closing argument that Westerfield crept into the van Dam home and may have lurked in the girl's darkened bedroom for an hour while awaiting a chance to abscond with her.

Dusek said authorities believe Westerfield left a neighborhood bar where he had seen Danielle's mother and, acting out his sexual fantasies, sneaked into the van Dams' house through an unlocked door at the side of the garage.

Danielle, her father and two brothers were asleep but a short time later the mother and some friends arrived.

"He gets penned in and hides somewhere, probably in her room," Dusek told jurors. "The bottom line is, though, he did it."

Westerfield took the girl to his home and then on a trip in his motor home, the prosecutor said. Dusek speculated that Danielle was killed in the motor home but authorities have not been able to determine how she died.

Twisted facts?

Maybe, maybe not.......But, there is no evidence to prove DW was ever in the vD house. None. Just believe because Dusek says it's so. Sorry, I am unable to do that.

If you believe Dusek thats fine with me. Who am I to impose my opinion on you? Just give those of us that do believe differently the same courtesy.

Thank you.

[cyncooper]

It isn't a matter of believing Dusek. It is a matter of believing the evidence.

I am not stopping you from believing whatever you wish. Believing doesn't make it so, though.

[BARLF]

No, believing doesn't make it so.That works both ways. I don't believe Dusek proved beyond a reasonable doubt DW did this crime. This isn't to say I believe DW is not guilty. He may well be. I could not,nor would not impose the death penalty on such flimsy evidence as was presented in this trial.

When you use the term "you all" I feel I am included in that you all group because I have to many unanswered questions the state never answered. Wanted to make sure you understood where I stand and I have no need to twist the facts to where they are unrecognizable.

BTW,on a lighter and much less serious note.........I hope you are enjoying that 70* weather! We had lows yesterday and today of 5*& 7*. The high today is 22*. Blah!

[cyncooper]

BTW,on a lighter and much less serious note.........I hope you are enjoying that 70* weather!

I am indeed. I thanked my husband yet again for moving us back here (where we met and married. His family is here). My family in Wisconsin informed me that they have no snow on the ground to even make it look pretty during this very cold snap. Brrrrrr.

[Valpal1]

The 60+ lb dog is irrelevant, there was TESTIMONY to her quiet and passive nature and she was only 6-8 months old, ie, still a puppy.

The blood in stairwell and garage is irrelevant as it was not human blood. A lead detective not knowing about irrelevant non-human blood is also irrelevant.

The alarm is irrelevant as it was not connected to a service or turned on and there was TESTIMONY that the adults had consumed alcohol/mj making them less alert. Car alarms do not stop car theives and they are ignored all the time. Little lights and beeps are easy to become acclimated to and easy to ignore. So what. An unarmed alarm doesn't stop robbers, rapists or kidnapers, or even slow them down.

The 17 hours of lying by the parents is irrelevent since they took and passed the lie detector tests about Danielle. Wonder if LE knew they were lying about something though because of the tests? It is Westerfield that failed those very direct and to the point questions, not the parents or their swinging friends.

The drinking/pot smoking/swinging are all irrelevant since the people involved in them where cleared in involvement in Danielle's disappearance by passing lie detector tests, and other investigation.

The fact that the parents made themselves and their home vulnerable is irrelevant because the law recognizes that people have the right to be secure in their persons and their homes regardless of their self induced stupor.

The unbearable temptation of an easy target is not a valid legal defense.

The defense presented NO defense against the mute testimony of the blood/hair/fibers linking the victim and the defendant. That is why he is on death row.

[demsux]

I won't even waste my time...your post is absurd.

[Valpal1]

It is your continually posting the irrelevant that is absurd.

The stupor of the parents does have some relevancy in that it widens Mr. Westerfield opportunity to sneak in unobserved. Making it more reasonable to believe it was possible, yet you continually pump it as being somehow exxonerating to DW and indicative to parental involvement or culpability.

A classic absurdity.

[Rheo]

At the time the blood was spotted, they had no idea whose it was..and the lead detective and child abuse expert were not informed.

This blood was in addition to the 7 bloodstains on the beanbag, the blood on her multicolor blanket and the clothes on the floor.

The garage blood was human....just no DNA could be determined..per Annette Peer:

THAT IS A SWAB OF A RED STAIN A FROM THE GARAGE FLOOR, ITEM 6-1.

THIS IS FROM PAGE 1 OF A REPORT DATED APRIL 30TH, 2002.

Q ALL RIGHT.

A AND A VERY SMALL AMOUNT OF HUMAN D.N.A. WAS RECOVERED FROM THAT STAIN. AN ATTEMPT WAS MADE TO OBTAIN D.N.A. RESULTS FROM THAT STAIN, AND THOSE RESULTS WERE NOT OBTAINED. THERE WAS NO POSITIVE RESULTS OBTAINED FROM THAT ITEM.

[Jaded]

Absurd is rather like ditzy and creepy. Subjective.

[BARLF]

I think Dusek telling the jury DW hid in Danielle's bedroom for an hour or more waiting for the pizza gang to leave, Brenda & Damon to retire for the night, then sliping out of the house with Danielle is absurd. Pray tell, where did the 225# man hide in Danielle's bedroom?

[demsux]

BTW, here are some UNDISPUTED FACTS: (hourly post time)

The parents lied to and misled police for the first 17 + hours after their daughter was reported missing....(Parents admitted on the stand to lying...TESTIMONY

A 60+ pound dog AND alarm system in the home...Fact..TESTIMONY

TESTIMONY revealed that the Van Dams were involved in wife swapping, with at least one occassion taking place in the master bedroom, just down the hall from Danielle's bedroom.

Damon Van Dam admitted having sex with Barbara Easton at Easton's apartment...Damon also admitted that Barbara Easton came up to the master bedroom, got on the bed and "cuddled" with Damon at about 2:00 am ON THE NIGHT DANIELLE DISAPPEARED....TESTIMONY

Two people at the bar, Cherokee Youngs (female) and Ryan Tyrol (male), complete strangers to the Van Dams, testified, under oath, that Brenda Van Dam invited them back to the Van Dam home ON THE NIGHT DANIELLE DISAPPEARED...they felt that it was for sex...btw, either Barbara or Brenda asked Cherokee "if she liked girls?"...TESTIMONY

The Van Dam's drug dealer and his ex-brother in law came over to the Van Dam home at about 2:00 am, after the bar closed...TESTIMONY

The bug evidence indicated that the body was placed at Dehesa Rd. closer to Feb. 15-16, than Feb. 2-4. Westerfield was under constant surveillance BEFORE the 4th...TESTIMONY by the man the prosecution originally had.

The lead detective was "not aware" that blood was discovered in the Van Dam stairwell and garage, until the preliminary hearing...TESTIMONY

A spent bullet shell casing was found on the floor of the girls room one day after the room was thoroughly searched...TESTIMONY

NO evidence of Westerfield in or around the Van Dam home...TESTIMONY

Unmatched DNA mixed with Danielles DNA on the cuff of her pajama's. Westerfield excluded...TESTIMONY

Unidentified fingerprint on bannister in the Van Dam home. Westerfield excluded...TESTIMONY

Unidentified hair on Danielle's body. Westerfield excluded...TESTIMONY

Pot use and drinking by the parents on the night Danielle disappeared...TESTIMONY

Location of body: somebody wanted this body found...not buried or hidden...an illegal dumpsite...more like a serial killer...Westerfield was all over the county and desert and could have buried her in the desert...CONCLUSION with merit.

International child porn ring broken up at virtually the same time as this event, with one of the perps living within walking distance of the bar, in POWAY...FACT but not testimony

Thanks, Rheo!