DA: Deny Westerfield Access To Police Records: Media Asks For Access To Documents And Trial

KGTV Channel 10 ^ | April 15, 2002 | KGTV

[FresnoDA]

DA: Deny Westerfield Access To Police Records

Westerfield's Lawyers Want To Review Complaints Against Officers

Posted: 2:33 p.m. PDT April 15, 2002
Updated: 3:07 p.m. PDT April 15, 2002

SAN DIEGO -- David Westerfield's request for the personnel files of 13 police officers involved in the investigation of Danielle van Dam's death should be denied, city attorneys argued in a response released Monday.

"There has been insufficient showing of good cause for disclosure of the records requested," attorney Paul E. Cooper wrote in his response for the city. "The (legal) privilege given such records is unique and is not easily breached."

Westerfield, 50, is accused in the 7-year-old's death.

The second-grader's parents discovered their daughter missing the morning of Feb. 2. Her body was found Feb. 27 near Dehesa, after weeks of searching by volunteers and law enforcement, and a barrage of national media attention.

Defense attorneys Steven Feldman and Robert Boyce want to review all records of complaints against the named officers as they relate to reputation for truthfulness and veracity, or a capacity to testify and investigate truthfully.

Westerfield's attorneys also are asking for the names, addresses and telephone numbers of people with complaints against any of the officers.

The attorneys also want Superior Court Judge William Mudd to let them review records regarding use of excessive force or aggressive conduct or violation of constitutional or statutory rights, including Miranda rights and rights to counsel, in interviewing suspects and witnesses.

"There is no showing, moreover, that any misconduct by the officer in the past would be material to the present case," Cooper wrote in his response.

Mudd is expected to convene a hearing on the defense motion Thursday.

Prosecutors say the judge needs only review the personnel records of detectives Mike Ott and Mark Keyser.

They interviewed Westerfield two days after the girl disappeared and accompanied him on the 600-mile route he said he traveled the weekend Danielle van Dam turned up missing.

Mudd ruled last week that future motions in the Westerfield case will be sealed until hearings scheduled for May 6.

The judge also ruled there would be no live TV coverage of the pretrial hearings in the case. Trial is set to begin May 17.

Westerfield's defense team still may ask that the trial be moved out of San Diego County due to pretrial publicity. Prosecutors could ask that inquiries be limited into the supposed "swinging" lifestyle of Danielle's parents, Brenda and Damon van Dam.

A police dog tracking the scent of Danielle van Dam after she was reported missing became agitated near Westerfield's garage, according to prosecution documents.

Detectives, who believe Westerfield's motorhome may have been used to transport the victim, said search dogs also showed signs of recognition while sniffing a storage area on the exterior of the vehicle, the documents state.

Westerfield is charged with kidnapping, murder and possession of child pornography in connection with the girl's death.

He also faces a special circumstance allegation of murder during a kidnapping, which could lead to the death penalty if he is convicted.

Prosecutors will announce later whether they intend to seek capital punishment should Westerfield be found guilty.

[FresnoDA]

Media Asks For Access To Westerfield Documents And Trial

Motion Requests Cameras In Court And End To Gag Order

 

POSTED: 4:08 p.m. PDT April 15, 2002

UPDATED: 4:17 p.m. PDT April 15, 2002

 

SAN DIEGO -- A lawyer for local television stations and newspapers filed a motion Monday urging a judge to remove tight restrictions on media coverage of the David Westerfield murder trial.

Attorney Guylyn Cummins filed a request with Judge William Mudd for an urgent hearing on the matter. Mudd ruled last week that future motions in the Westerfield case will be sealed until hearings scheduled for May 6. The judge also ruled there would be no live TV coverage of the pretrial hearings in the case. Trial is set to begin May 17. Another judge placed a gag order on investigators, attorneys and other participants in the trial. Cummins' motion asks Mudd to unseal the pretrial motions, lift the gag restrictions and allow cameras access to the pretrial hearing. The motion argues that the trial is of tremendous public importance because Westerfield is charged with kidnapping and killing Danielle van Dam and could face a possible death sentence if convicted. Allegations of police misconduct have also surfaced in the case.

The motion argues that public access to trial proceedings is constitutionally protected and the judge has not presented any overriding reasons for sealing the pretrial motions or gagging trial participants. It also argues that there is no compelling reason to deny camera or electronic access to pretrial hearings.

A hearing on the motion is scheduled for Thursday morning at 8:30 a.m.

[FresnoDA]

Ping...) ) )

[CindyDawg]

so why do you think he wants the records?

[FresnoDA]

Looking for evidence of misdeeds, to go with the "framed" angle defense....?

[El Sordo]

I bet he wants to go fishing.

"If it would please the court, I'd like to introduce as evidence this record of parking tickets that the trainer of the arresting officer recieved seventeen years ago in front of an *ahem* "adult" establishment where the waitresses dressed up in sailor suits..."

[demsux]

A police dog tracking the scent of Danielle van Dam after she was reported missing became agitated near Westerfield's garage, according to prosecution documents. Detectives, who believe Westerfield's motorhome may have been used to transport the victim, said search dogs also showed signs of recognition while sniffing a storage area on the exterior of the vehicle, the documents state.

"Near" the garage, "Exterior" of the vehicle. Wasn't she selling him cookies "near" the garage? Didn't he occasionally keep the RV parked at his house? GEEZ, if that's what pinned it on DW, it's pretty thin.

[MizSterious]

I'm thinking this might have to do with the police misconduct--do the officers in question have a past history of this kind behavior? To me, it doesn't seem so much like a frame as it does heavy-handedness. Thanks for the flag by the way.

[MizSterious]

Interestingly enough, people and news organizations who have tried to acquire the official court transcripts have been refused. Although the court reporter is a public servant in this case, she nonetheless claims there are copyright protections--something I've never heard of before, but then I'm not a court reporter. It's customary to charge a fee for them, but apparently they're not for sale at any price. I always thought these things were supposed to be public records?

[BigBobber]

This gag order has to go. We're just rehashing old stuff and I need my daily fix of DW, BvD and DvD.

[FresnoDA]

COURT BATTLE OVER WESTERFIELD INFORMATION

(04-15-2002) - A number of court developments are taking place in the David Westerfield murder case. The defense requested the personnel files of 13 San Diego police officers.

City Attorneys have filed a response to that request and are arguing against it.

They say there isn't enough cause to disclose those records.

An attorney for several San Diego media agencies, including LOCAL 8 news, will be heard Thursday morning on a flurry of access issues regarding the Westerfield case.

Citing more than 50 cases, media lawyers say several decisions handed down by the court need to be lifted.

Five TV stations, two newspapers and the Society of Professional Journalists are challenging three orders-- the court's sealing of all pretrial motions from public view until May 6, the gag restrictions placed on trial lawyers and participants and the denial of camera access to all pre-trial proceedings in the Westerfield matter.

"This is a trial that people are clearly interested in and yet, our access is being severely restricted and I think we need to fight to maintain that access," said LOCAL 8 News Director Fred D'Ambrosi.

The veteran TV news director says he's been shocked by the judge's orders in the case, which has also received nationwide publicity, in addition to gavel to gavel coverage in San Diego.

"I haven't seen these kinds of restrictions. And certainly, in the time I've been in San Diego and the 25-years in the business, I can't think of a local trial that's been more restrictive, which is particularly ironic because I've never seen more interest either from the media or the public," explained D'Ambrosi.

Attorney Guylyn Cummins, who is representing media agencies, including LOCAL 8 news, is arguing that the public is "tremendously interested in this case and it raises issues of critical public importance that they are entitled to see," such as the death penalty, capital punishment, convictions based on DNA evidence and pedophilia.

"I guess I'm a little bit concerned when I see orders like this that just blanketly seals all motions in a case when the First Amendment prohibits that," said Cummins.

Cummins also argues the press is unaware of any evidence that electronic trial coverage will interfere with the rights of Westerfield.

The hearing, before Judge William Mudd, will take place at 8:30 a.m. on Thursday.

[FresnoDA]

"I haven't seen these kinds of restrictions. And certainly, in the time I've been in San Diego and the 25-years in the business, I can't think of a local trial that's been more restrictive, which is particularly ironic because I've never seen more interest either from the media or the public," explained D'Ambrosi.

Could it be that the "Heavy Hand" is going to make sure there is no wiggle room for DW.....if the SDPD and the DA are, as it appears, intent upon protecting the VD's....then it is becoming more apparent that there are high ranking SDPD, LE and Political Types who are entangled (literally) with the VD's and their SWING SET....

Unbelievable.....

[FresnoDA]

JUDGE SAYS NO BROADCAST OF PRE-TRIAL HEARINGS
A Superior Court judge has sealed motions filed in the case of the man accused of kidnapping and murdering seven year old Danille Van Dam. Live news coverage of the hearings has also been banned. The decisions were reportedly made in a private conference with attorneys held in Judge William Mudd's chambers. Under the order, any motions filed will remain under seal until hearings on the requests are held in early May. David Westerfield has pleaded not guilty to charges of kidnapping, murder and possession of child pornography.

[MizSterious]

This is starting to look more like a trial in a 3rd World country than in San Diego California, USA. No access to transcripts, no cameras or microphones in the courtroom, everything under seal--this is mind boggling.

[FresnoDA]

---

---

INMATE DETAIL

Information is current as of last update: 04/15/2002

The data contained in these files is updated only once a day and should not be relied upon for any type of legal action.

PERSONAL			ARREST
Last:	WESTERFIELD		Agency:
First:	DAVID		Location:
Middle:	A		Hold Codes:
Sex:	M		Bail Amount:	$ 0
Race:	W		Facility:	1
Date of Birth:	02/25/1952		Cell:	05
Age:	50		Booking Date:	02/22/2002
Height:	6'02"		Booking Time:	15:24
Weight:	210 lbs		Booking Nbr:	02109697
			ReBook Code:	1
CHARGES:	Description	Code	Statute	Warrant Nbr
Primary:	KIDNAPPING	PC	207/208(B) P
Second:	OBSCN MTR:MNR	US	311.11(A) PC
Third:	MRDR:1ST DEG:S	PC	187(A) PC
Fourth:	ADDITIONAL COU	PR	NONE
Fifth:	ADDITIONAL COU	PR	NONE
COURT:	Destination Court	Date	Time
Appearance 1:	SD40	04/18/2002	08:30
Appearance 2:	SD40	05/06/2002	09:00

[FresnoDA]

No access to transcripts, no cameras or microphones in the courtroom, everything under seal--this is mind boggling.

Exactly....a trial exactly as the VD's would want it....most likely, the Judge will censor any references to the VD's SWING SET lifestyle.....

[Jaded]

It's not like this case wasn't twisted enough before. Just more icing for the cake. As I asked on the other thread, what does SDPD have to gain? If the LEO types that swing weren't at the party that night, then what is the problem? Just another slide in the downward spiral...

[FresnoDA]

Like most coverups, once you begin to hide one thing, you feel compelled to hide "everything", IE; Watergate...thus the slippery slope....

[CindyDawg]

I like to fish. Never know what you will bring in (lol).

[Registered]

Hmm, is the trial open to the public? I've seen enough X-10 pop-up ads to develop a plan "B" for those of us that want to watch this trial here in the forum ;-)

[spectre]

Ping for Thursday at 8:30 am.

Justice for Danielle. Justice for all.

sw