Danielle van Dam - Case Timeline prior to trial of David Westerfield. Feb 2 - May 30, 2002

Crime and Punishment ^ | May 30, 2002 | Bill Bickel

[FresnoDA]

A fairly complete synopsis of the VD case....some of the links however have expired....FresnoDA Danielle van Dam by Bill Bickel Sometime between 10pm Friday, February 1, 2002, and 9am Saturday, February 2, 7-year-old Danielle van Dam disappeared from her bedroom in the Sabre Springs section of San Diego, California. Her body was found in the desert outside of San Diego on February 27. Update: May 28 The actual jury selection for David Westerfield's trial began today (previously, potential jurors had been filling out questionnaires) Analysis: May 21 Why did the defense favor a speedy trial? Probably to take advantage of the public backlash against the van Dams. Update: May 17 Jury selection began this morning with potential jurors completing questionnaires. The trial date is tentatively set for June 3 Update: May 15 The judge ruled today that some of the pornography on David Westerfield's computer will be allowed as evidence in the trial, and that the jury will only hear limited testimony about the Damon and Branda van Dam's sexual lifestyles (as if anybody living in the San Diego area hasn't already read about it in somewhat-graphic detail) Update: May 8 Prosecutors want to show the jury a computer animation -- from David Westerfield's computer -- showing a young girl being sexually molested. This, they say, would indicate Westerfield's motive for abducting Danielle. The defense, not surprisingly, has asked the judge not to allow this. Update: May 7 During a hearing in which lawyers were presenting pre-trial motions, the prosecution disclosed that, based on Danielle's missing teeth, they believe she was suffocated by having something stuffed into her mouth Update: May 7 The judge has ruled that 6 of the 7 autopsy photos can be admitted as evidence. Update: May 4 While searching a local dump for evidence in the Jahi Turner disappearance, searchers found documents from the office of the lawyer defending David Westerfield. No details have been released, but the documents were sealed and impounded Update: April 25 Prosecutors announced today that they will seek the death penalty against David Westerfield. Update: April 19 A judge has determined that only one of the police officers involved in Westerfield's interrogation had any complaints against him, and handed that information over to Westerfield's attorney (see April 4 update) Update: April 18 Television and radio broadcasts will be allowed in David Westerfield's trial Update: April 17 A lawyer representing the news media has filed an appeal requesting that the information that led to the search warrant for David Westerfield's home and vehicle (and, ultimately, his arrest) be released to the public. The defense opposes this disclosure on the grounds that it will influence any potential jury -- and that some of the information won't be admissible in the trial anyway. (See poll, right-hand column) Update: April 12 Was David Westerfield "abusively" questioned? Prosecutors offer the police side of the story, insisting the questioning was completely voluntary Update: April 4 David Westerfield's attorney charges that Westerfield had been questioned "abusively" and denied legal counsel -- and requested the personnel files of everybody involved to determine whether they'd been accused of treating suspects in this manner in the past. About/Crime coverage of this case About/Crime poll: If doing so could save the life of the victim, is it acceptable to abuse -- or torture -- a suspected kidnapper? Update: March 28 David Westerfield is arraigned and pleads not guilty. A May 17 trial date was set. The prosecution did not state whether it would ask for the death penalty, and the defense did not state whether it would ask for a change of venue (both sides have until April 18 to file motions). This article includes an analysis of what the defense strategy might be. Analysis: March 26 Why David Westerfield might prefer a quick trial in San Diego County Also: DNA Evidence: How it's used in general, and how it will be used in the case against David Westerfield Update: March 14 Brenda van Dam testifies. She mentioned that Westerfield had told her he hosted "adult parties", and Brenda adds "I didn't know what he meant by that". Given the rumors of the van Dams' involvement in activities of this sort -- and the ultimate irrelevance of this information -- it seems a rather odd thing for her to be mentioning. Update: Brenda van Dam was cross-examined about her sexual lifestyle, her drinking and her drug use. It was a fairly ugly exercise, and this was just a preliminary hearing to determine whether Westerfield should be held over for trial, and its outcome is hardly in doubt: Westerfield's actual trial promises to be far worse. Update: As expected, David Westerfield has been ordered to stand trial. Arraignment has been scheduled for March 28. Also: During questioning today, Damon van Dam admitted he'd gone to bed with one of Brenda's friends the night Danielle went missing. David Westerfield's defense strategy Update: March 12 Investigators say that David Westerfield had over 64,000 "sexually provocative" pictures of (apparently) teenage girls on his computers. Update: Westerfield also had 2200 mpeg videos, but the total number of images clearly involving minors is now said to be about 100 Update: Danielle's fingerprints were found in Westerfield's home. The hearing will resume Thursday (March 14) Update: March 11 At David Westerfield's preliminary hearing, he officially heard the charges against him and the public learned some unpleasant details about the evidence linking him to Danielle's abduction and murder. The hearing will decide whether Westerfield will stand trial, though it's probably safe to call that a foregone conclusion. Update: March 11 Police investigators describe what made them suspicious of David Westerfield Update: March 9 Superior Court Judge H. Ronald Domnitz has issued a gag order applying to all parties in the case Update: March 8 The defense is asking for a gag order relating to this case. The judge is expected to rule later today. David Westerfield faces a preliminary hearing Monday (March 11). Update: March 6 Shortly after Danielle's body was found, two San Diego police detectives tried to speak with Westerfield without permission from either the prosecutor's office or Westerfield's lawyer Update: March 4 The defense is appealing a court order that would make public the details of the search warrants issued for David Westerfield Update: March 1 Because of the decomposition of the body, the time and cause of death might never be positively determined Update: February 28 All search efforts have ceased. Update: An autopsy has officially confirmed that the girl found in the desert was Danielle van Dam Update: February 28 All search efforts have ceased. Update: An autopsy has officially confirmed that the girl found in the desert was Danielle van Dam Update: February 27 A girl's body has been found in the desert just outside of San Diego. Details to follow Update: Police say there's "a high probability" that the body is Danielle's. Also: Police are searching a dry cleaning establishment where Westerfield reportedly brought both clothing and seat cushions from his motor home, shortly after Danielle's disappearance Update: "Tonight we believe that Danielle van Dam's body has been found" -San Diego County District Attorney Paul Pfingst The identification of Danielle's body is virtually certain: Medical tests will be performed, but a plastic necklace and earring similar to those Danielle was wearing when she disappeared were found near the body. A list of items covered in the search warrants Update: February 26 David Westerfield is charged with murder, kidnapping, and possession of child pornography Update: He's pleaded "not guilty", and is being held without bond Update: February 25 "I must conclude that Danielle van Dam is no longer living and was killed by her abductor" -San Diego District Attorney Paul Pfingst Although Danielle's body has not been found, David Westerfield will be arraigned tomorrow on murder and kidnapping charges. Update: February 24 San Diego Police Chief David Benjarano confirmed that child pornography had been found in David Westerfield's home. Update: February 23 More information about the evidence against David Westerfield and how it was acquired. This article also confirms that pornography was found in Westerfield's home, but notes that it has not been determined whether any of females in the photographs were under 18 (last week, UPI referred to Westerfield as being "reportedly a collecter of child pornography") There appears to have been no basis to the tips earlier this week that Danielle had been spotted in Tijuana Update: February 22 David Westerfield was arrested at 10:45 this morning (1:45pm EET) and charged with kidnapping Danielle. Update: Danielle's blood had been found on Westerfield's clothing and in his motor home Update: February 21 Police returned to the van Dam home today and took away 2 sliding doors from Danielle's room, hoping to find fingerprints or other evidence. Just as an aside: This case has now officially been adopted by the supermarket tabloids, with the cover of this week's Star referring to Danielle as "The New JonBenet". Update: February 21 Based on several tips, investigators have expanded their search area into Mexico (Tijuana is less than 20 miles from San Diego) Update: February 20 Investigators are looking into similarities between Danielle's disappearance and a number of other unsolved area disappearances going back almost 30 years. Update: Police are examining DNA from the case of Patricia Kuzara,, a local 7-year-old girl who was abducted and murdered in 1974 Update: February 16 This UPI story describes David Westerfield as being "reportedly a collecter of child pornography". Update: February 15 "We will solve this case sooner rather than later ... We have a ton of evidence that we are meticulously going over. We are making progress" -Assistant Chief Steve Creighton of the San Diego Police Department Unfortunately, noplace in Mr Creighton's statement, which the San Diego Union Tribune refers to as "confident", was there any expectation of actually bringing Danielle home... Update: February 14 Police searched David Westerfield's home again last night (no word yet on why or what was found), and the van Dams have scheduled a press conference for this morning at 8:00 Pacific Standard Time (11 Eastern Standard Time) Update: Police searched Westerfield's house for 5 hours and carried out boxes and other items. No further details were announced. Update: The press conference was a call for more search volunteers Update: February 13 David Westerfield is now considered the sole suspect, and the FBI is analyzing his DNA. Also, a knapsack found about a mile from the van Dam home seems to be significant, but the police aren't elaborating. Update: February 13 "We are not real hopeful on her condition" - Lieutenant Jim Duncan, San Diego homicide detective Update: February 12 A local bail bondsman has put up a $50,000 reward for information about Danielle's abduction, and her parents have hired one of the country's biggest PR firms to coordinate their media appearances. Update: February 11 Danielle's parents offer a $25,000 reward, as the investigation seems to be at a standstill Update: February 11 A Newsweek article about the case, mentioning how the public's attention ("the media's attention" might be more accurate) is becoming increasingly focused on Damon and Brenda van Dam's alleged "swinger" lifestyle. This article still mentions David Westerfield's RV having been stuck in the desert on February 2, the day of Danielle's disappearance, when in fact it's now believed that this happened on February 3. Update: February 11 A quote from today's Washington Times (italics mine): "Danielle was apparently abducted while she slept and her parents were reportedly busy partying with some friends behind locked doors" Update: February 10 Facts presented without comment: A man who moved next door to the van Dams two days before Danielle's disappearance says that the morning she went missing, Damon asked him if he'd seen her, telling him she has a habit of sleepwalking. Update: February 9 According to this San Diego Union-Tribune article, the public is starting to question aspects of the van Dams' account (and their lifestyle). What they're really saying here is that the media's starting to turn on them. Update: February 9 A look at the circumstantial case against David Westerfield February 10 Update: The tow truck driver's account of pulling Westerfield's RV out of the sand in the desert Saturday, February 2, is now thought to be in error: Evidence indicates this actually happened Sunday, February 3 Update: February 7 David Westerfield, though still not officially a suspect, has hired a lawyer. There are definitely some odd aspects to this case: the fact that Damon van Dam thought nothing of the fact that a door was open at 1:30am comes to mind. Odder, perhaps, is Damon's description of Westerfield as "an acquaintance. He's not a friend ... We've seen him since we moved in", though his wife, Brenda, had been dancing with Westerfield at a bar the night of Danielle's disappearance (before midnight). Update: February 7 Today, Danielle's parents were driven by police to a remote area of the desert outside of San Diego. Police aren't revealing any specifics, but this is believed to be the area where David Westerfield was camping Saturday (hours after Danielle's disappearance) Update: February 6 This article details some of the evidence that makes David Westerfield a suspect in Danielle's disappearance (though police have not officially named him as a suspect and in fact have not actually released his name) Update: February 5 A neighbor, David Westerfield, whom police are saying is "not under arrest", is being questioned. Update: Westerfield's car has been impounded, after investigators searching it found evidence connected with the case. Update: February 4 Police are treating the disappearance of the 7-year-old San Diego-area girl as an abduction. She was last seen in her bedroom Friday night. At 1:30am her father, Damon van Dam, noticed that a burglar alarm light was blinking, and a door was open. February 3 The original news story

[Jaded]

As for me, I intend to keep an open mind as to what is presented and if the evidence is there, I will be the first to say hang him.

And therein lies the rub. Most of us would walk with you if there is more evidence than we have seen. If the parents were honest, that would certainly help things. Like I've said, I don't see it now, but prove he was in the room or at Dehesa with her, and we'll talk. And none of this we don't have evidence so connect the dots stuff.

[demsux]

Question for all...did we ever figure out why BVD drove to Domino's to pick up the pizza(s)...that is really wierd, the only reason that I eat that crap is because they deliver.

Further, why did she not bring the kids with her to pick-up the pizza OR why didn't she stop at the Domino's on her way home from the mall (or where ever she claimed to have been with the kids)

Maybe picking up some dope? Didn't want kids along at the "dealers". Some of Feldman's questioning was honing in on when she got the dope (he kept asking...between Jan 25 and Feb 1???). She could not recall...

[FresnoDA]

Here are some of the photos provided by the VD P.R. Firm.....

San Diego area police investigating the kidnapping of 7-year-old Danielle van Dam arrested 50-year-old neighbor David Westerfield on February 22, 2002. Westerfield, who had been questioned by police repeatedly in the three weeks since the second-grader disappeared, was taken into custody at his San Diego attorney's office in what appeared to be a pre-arranged surrender. (Reuters)

[FresnoDA]

12 JURORS SEATED, ALTERNATES CHOSEN TODAY

( 05-31-2002 ) - Jury selection is now over and David Westerfield's murder trial is slated to start next Tuesday. Twelve jurors were seated Thursday, with six alternates selected this morning.

The jury selection concluded was with the seating of five women and a man as alternate jurors.

As with everything in this trail, the selection of the six alternate jurors moved along at a rapid pace. Their job is to sit in the courtroom and listen to the whole trial and standby in case any member of the jury panel cannot fulfill their duty.

Superior Court Judge William Mudd has scheduled opening statements for 10 a.m. Tuesday.

At least 10 jurors said they favor the death penalty where appropriate. Several have served on juries before.

The jury was selected in less than three days, despite speculation that it could take weeks.

Mudd ruled today that the victim's parents, Brenda and Damon van Dam, must stay out of the courtroom until they are called to testify. He also said he was adhering to a common rule to exclude witnesses from the courtroom until their testimony was complete.

More pretrial motions are scheduled to be heard Monday morning, including one behind closed doors.

Overflow media will be housed in a courtroom next door to Mudd's department. Ten seats have been set aside for reporters in the actual courtroom.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of Brenda and Damon van Dam.

The jury also will be allowed to view certain pornographic images, including photographs of naked children that investigators say they found on Westerfield's computer.

Jurors also will hear statements the defendant made to police the day he became a suspect.

[theirjustdue]

"And therein lies the rub. Most of us would walk with you if there is more evidence than we have seen. If the parents were honest, that would certainly help things. Like I've said, I don't see it now, but prove he was in the room or at Dehesa with her, and we'll talk. And none of this we don't have evidence so connect the dots stuff.

Absolutely! Providing solid, irrefutable proof is especially critical, and demanded, IMO, in a capital case such as this. And as you say, the parents inconsistent and evasive testimony hasn't made believing the DA's scenario, up to this point, any easier to swallow.

[FresnoDA]

New Jury Thread Alert!!

Jury Selection Completed In Westerfield Trial: Proceedings begin next week.

[MizSterious]

Why am I not surprised to read that you're a blonde? LOL, hugzzzzzz, and smiley face!

[cyncooper]

"Evidence almost as explosive as a confession"...

Except the problem with your hope that Feldman is referring to the Van Dams is the above statement from Feldman was regarding evidence he was trying to suppress. If it was evidence implicating someone other than his client he would *want* it in.

[Freedom2specul8]

::twirling my hair:: Whatever do you mean? ~(:^D)

[spectre]

Oh please! Judge Mudd has already said he is going to guard the van Dams privacy. What do they have to hide anyway? LOL!

Is it alright to portray Westerfield as a perverted, twisted, horney child molester, and use his taste for porno as a motive? Make a public display of his pictures and tapes and NOT introduce what the van Dams want to hide?

OTOH, we do have a double standard when it comes to the sainted van Dams, who seemed comfortable enough saying "they regret nothing", when in fact, they had a ravenous drug and swinging appetite, that most likely makes DW seem like a normal, single person.

Feldman WILL get his evidence in...then let the chips fall where they may.

I don't happen to think he is blowing smoke and he would not imply his own Client is guilty. JMHO.

sw

[Freedom2specul8]

What do they have to hide anyway?
For sure..

Do you think this will be turned into a movie? It is so ...out there.

[cyncooper]

I'm sorry. Was this a generic response? I was merely pointing out that the specific statement by Feldman was about evidence he wanted deemed inadmissable. I don't see how that pertains to the Judge's ruling re: admissability of evidence of VD lifestyle.

[spectre]

Feldman's statement was cryptic. It's anyone's guess what he meant. Do you know what he was saying, for sure?

Feldman wanted to suppress evidence of DW's alledged porno pictures, saying it has no bearing on the disappearance of the child and would inflame the jury.

The prosecution will attempt to introduce videos or photographs of Danielle in life. This is highly prejudicial evidence, and irrelevant..because their admission would violate Westerfields Constitutional rights to a fair trial free of inflammatory information.

Again, it will inflame the jury to see Danielle's happy face, followed by Westerfields alledged pornographic pictures.

They have to show it, because it's their ONLY motive for DW alledgedly going after Danielle.

The van Dams are the victims, so they will get a pass on their alledged transgressions, with the exception of THAT night.

It should work both ways. But life isn't fair, now is it.

sw

[Karson]

...it will inflame the jury to see Danielle's happy face...

I wish I could see a photo of Danielle looking happy. In all the photos I've seen, she does not look like a happy child to me. That's one of many things that bothers me about this case.

[hergus]

Just in case you missed this reply:

MizSterious wrote: "Someone's blowing smoke here. On your profile page, you write:

I've been around since 1998 but had to get a new hat after I forgot my old password and couldn't retrieve it from JimRob via email. I had changed email addy's since then...ICAC.

Well, golly gee, wouldn't it be awfully difficult to post messages here a year before you were actually here? Now, I have to wonder if you're telling the truth about anything. Well, that's a little harsh. I believe you were telling the truth when you said you weren't here to contribute constructively to the collection of information about this case.

402 posted on 5/31/02 9:04 AM Eastern by MizSterious"

You are trying way to hard here to cause me grief.

I never said I posted articles at FR. Try reading more closely. There is a big internet out there and I've been on it since 1997. I have been making my contributions to the cause of crime against children since that year.

Please discontinue your smear campaign against me. I don't want or need your endorsement. I was ignoring your baiting until you again tried to belittle me.

ALSO, do not contact be by FreepMail again. Moderator take note please.