Posted on 04/15/2002 6:14:34 PM PDT by FresnoDA
"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.
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.
"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..."
"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.
(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.
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 |
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.....
Justice for Danielle. Justice for all.
sw
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.