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

[FresnoDA]

Quite possibly....Miz....

[Canticle_of_Deborah]

Interesting stuff! I believe that even if Westerfield is guilty, Damon was in the habit of loaning out his daughter. Maybe she wasn't being cooperative that evening? Maybe he punched her in the mouth (that would account for the broken teeth mentioned in the previous thread--suffocation wouldn't do it). Could she accidentally have been suffocated during a sexual assault by Damon, David, or any other? Is a person held in higher standing in the swinging community if they bring something different to the party? Can all this account for Danielle's diary page where she begs for forgiveness and promises to be better?

P.S. If we do some anagrams of Damon's name I wonder what we'd get.

P.P.S. I remember a link on a previous thread where people actually sold their children to pedophiles for the evening. In that link a parent specifically asked the pedophile and child afterward if the child was compliant. There are similarities here.

[Canticle_of_Deborah]

Is the judge involved in the swinging community?

[PsyOp]

No matter how alarming or disturbing,

Was that simply an FYI post? I personally believe that Westerfield did the deed, as outlined in that article. I came to that conclusion before they found the body and my logic followed the authors pretty closely. If there was some other point I missed in that post (very informative, btw), please use plain language as I am suffering from sleep deprivation and am likely to miss subtlety.

[let freedom sing]

Is the judge involved in the swinging community?

I wouldn't know, but the van Dams might.

[RnMomof7]

I have cable it loads just fine!Thanks for the ping!

[Jaded]

Wonder how many more words she'd have if she used Danielle's middle name?

[vacrn]

Try the kitchen counter, under yesterday's mail. The dog put your keys there, according to the tails wagging around your moon in the house of the seventh sun. Trust me.

[vacrn]

Kim, as always, thank you for the ping.

Fresno, as always...great info!

[FresnoDA]

BUMP to the house of the seventh sun!! LOL

[Jaded]

WE HAVE A DATE Breaking

SAN DIEGO -- Opening statements in the David Westerfield murder trial are scheduled to start at 10 a.m. Tuesday in Dept. 40 of the downtown courthouse in San Diego.

WESTERFIELD TRIAL

A jury of six men and six women was empanelled Thursday afternoon, and the process of selecting six alternates is continuing at this hour.

More than 30 prospective jurors returned to Judge William Mudd's courtroom Thursday afternoon as attorneys tried to select the 12 jurors and six alternates.

Once again, prosecutors and defense attorneys focused their queries on the death penalty.

"This is the most important part of the case ... it's true," defense attorney Steven Feldman told the first potential juror of the morning. "This is going to be an extraordinary life experience."

Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing neighbor Danielle van Dam and dumping the 7-year-old's body in East County.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of the victim's parents.

The jury also will be allowed to view certain pornographic images that investigators say they found on Westerfield's computer, and they will hear statements he made to police the day he became a suspect, the judge ruled.

On that topic, a prospective female juror said, "I think anybody who has that kind of stuff in their home is a sick person."

Prosecutors contend the computer images prove Westerfield's motive was to sexually molest the victim after he allegedly took her from her home the night of Feb. 1.

The victim's blood, hair and fingerprints were found in Westerfield's motor home, prosecutors said.

Westerfield, under police surveillance beginning Feb. 4, was arrested Feb. 22. He has insisted on a "speedy" trial as the law guarantees -- one within 60 days of his Superior Court arraignment.

[FresnoDA]

(But will it cover Sabre Swings???)

San Diego unveils sex offender Web site

May 30, 2002

A Web site allowing users to learn if registered sex offenders live in their neighborhoods was launched by the city of San Diego on Thursday.

The site was created at the behest of city councilmember Jim Madaffer. Such information is already available to members of the public by visiting the San Diego Police Department under the so-called "Megan's Law," but Madaffer asked that the information also be published over the World Wide Web.

The yellow areas on this map shows where "serious sex offernders" live in this area near Northside Drive in San Diego. Vist the actual site here.

The site is apparently being heavily used in its first day of operation. Some inquiries were met with messages that "the server is busy."

Using the Web site, users can enter such information their addresses or school names, and learn the general locations of residences where "high risk," or "serious" sex offenders have registered as their dwellings.

The city has limited the map's zoom capability and symbols have been enlarged and offset to keep offenders' exact locations from being pinpointed.

The information is updated once a month, according to San Diego police.

"Megan's Law" was passed in July, 1996 It's named after 7-year-old Megan Kanka. The New Jersey girl was raped and killed by a child molester who had moved across the street from the family.

Earlier this month, the Supreme Court substantially broadened its review of such laws. In accepting an appeal from Connecticut, the court has agreed to decide whether listing all the offenders in a such registries violates the constitutional guarantee of due process.

The county of San Diego is expected to launch a similar map-based site by July.

[FresnoDA]

BREAKING THREAD NEWS!!!

Jury Seated For Westerfield Trial

Six Men, Six Women Will Serve On Panel

 

POSTED: 2:26 p.m. PDT May 30, 2002

UPDATED: 2:34 p.m. PDT May 30, 2002

 

SAN DIEGO -- After three days of questioning, lawyers have agreed on a jury of six men and six women to serve during the trial of the man accused of killing Danielle van Dam.

Prosecutors and lawyers for defendant David Westerfield agreed on a panel in less than half the time it normally takes to seat a jury in a death penalty case.

Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing neighbor Danielle and dumping the 7-year-old's body in the East County.

Lawyers must still select six alternate jurors before the trial can begin. But Judge William Mudd still hopes that can be done in time to start the trial on Monday

[FresnoDA]

JURY SELECTED FOR WESTERFIELD TRIAL

( 05-30-2002 ) - A jury of six men and six women has just been selected in the David A. Westerfield murder trial on this third day of questioning.

More than 30 prospective jurors returned to Judge William Mudd's courtroom this afternoon, with prosecutors and defense attorneys again focusing their queries on the death penalty.

"This is the most important part of the case ... it's true," defense attorney Steven Feldman told the first potential juror of the morning. "This is going to be an extraordinary life experience."

Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing neighbor Danielle van Dam and dumping the 7-year-old's body in the East County.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of the victim's parents.

The jury also will be allowed to view certain pornographic images that investigators say they found on Westerfield's computer, and they will hear statements he made to police the day he became a suspect, the judge ruled.

Prosecutors contend the computer images prove Westerfield's motive was to sexually molest the victim after he allegedly took her from her home the night of February 1.

The victim's blood, hair and fingerprints were found in Westerfield's motorhome, prosecutors said.

Westerfield, under police surveillance since February 4, was arrested February 22. He has insisted on a "speedy" trial as the law guarantees, which is one within 60 days of his Superior Court arraignment.

Jury Selected for Westerfield Trial

A jury of six men and six women has just been empanelled in the David A. Westerfield murder trial on this third day of questioning.

More than 30 prospective jurors returned to Judge William Mudd's courtroom this afternoon, with prosecutors and defense attorneys again focusing their queries on the death penalty.

"This is the most important part of the case ... it's true," defense attorney Steven Feldman told the first potential juror of the morning. "This is going to be an extraordinary life experience."

Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing neighbor Danielle van Dam and dumping the 7-year-old's body in the East County.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of the victim's parents.

The jury also will be allowed to view certain pornographic images that investigators say they found on Westerfield's computer, and they will hear statements he made to police the day he became a suspect, the judge ruled.

Prosecutors contend the computer images prove Westerfield's motive was to sexually molest the victim after he allegedly took her from her home the night of February 1.

The victim's blood, hair and fingerprints were found in Westerfield's motorhome, prosecutors said.

Westerfield, under police surveillance since February 4, was arrested February 22. He has insisted on a "speedy" trial as the law guarantees, which is one within 60 days of his Superior Court arraignment.

Opening statements in the Westerfield murder trial are scheduled to start at 10 a.m. next Tuesday.

[Freedom2specul8]

Thank you jaded...I can hardly wait. :)

[RnMomof7]

Lets Roll.......

[demsux]

I've got to believe Feldman has something pretty solid to clear DW. He seems to want to go to trial asap.

[Freedom2specul8]

It also saves DW money to get it overwith quickly..

[Freedom2specul8]

Hi there! Tis good to see you... Can't wait to see how all the evidence will be used and to find out what was discovered that wasn't made public.. (ESPECIALLY the ace that dw's attny seems to have)

[FresnoDA]

Westerfield Trial Scheduled To Start Tuesday

12 Jurors Chosen, Six Alternates Remain To Be Chosen

Posted: 2:25 p.m. PDT May 30, 2002
Updated: 3:00 p.m. PDT May 30, 2002

SAN DIEGO -- Opening statements in the David Westerfield murder trial are scheduled to start at 10 a.m. Tuesday in Dept. 40 of the downtown courthouse in San Diego.

A jury of six men and six women (Hey, that would make a Sabre Swings Pizza Party wouldn't it??) was empanelled Thursday afternoon, and the process of selecting six alternates is continuing at this hour.

More than 30 prospective jurors returned to Judge William Mudd's courtroom Thursday afternoon as attorneys tried to select the 12 jurors and six alternates.

Once again, prosecutors and defense attorneys focused their queries on the death penalty.

"This is the most important part of the case ... it's true," defense attorney Steven Feldman told the first potential juror of the morning. "This is going to be an extraordinary life experience."

Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing neighbor Danielle van Dam and dumping the 7-year-old's body in East County.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of the victim's parents.

The jury also will be allowed to view certain pornographic images that investigators say they found on Westerfield's computer, and they will hear statements he made to police the day he became a suspect, the judge ruled.

On that topic, a prospective female juror said, "I think anybody who has that kind of stuff in their home is a sick person."

Prosecutors contend the computer images prove Westerfield's motive was to sexually molest the victim after he allegedly took her from her home the night of Feb. 1.  The victim's blood, hair and fingerprints were found in Westerfield's motor home, prosecutors said.

Westerfield, under police surveillance beginning Feb. 4, was arrested Feb. 22. He has insisted on a "speedy" trial as the law guarantees -- one within 60 days of his Superior Court arraignment.