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An Absolute Disgrace in the Murder Trial of Danielle Van Dam
foxnews.com ^ | Bill O'Reilly

Posted on 09/18/2002 11:51:07 AM PDT by rintense

Edited on 04/22/2004 12:34:44 AM PDT by Jim Robinson. [history]

Hi, I'm Bill O'Reilly. Thank you for watching us tonight.

An absolute disgrace in the murder trial of 7-year-old Danielle van Dam. That is the subject of this evening's Talking Points memo.

According to a report in The San Diego Union Tribune, convicted killer David Westerfield's attorneys, Steven Feldman and Robert Boyce, knew their client was guilty.


(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: crime; deathpenalty; judicialsystem; lawyers; oreilly; vandams; westerfield
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To: Southflanknorthpawsis
Well, as a FOX hound, I really respect Andrew Napolitano. And for him to say these lawyers are in the wrong is pretty significant to me. He holds a helluva lot more credibility than O'Reilly in this instance.
181 posted on 09/18/2002 7:56:42 PM PDT by rintense
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To: Eva
Sorry for misunderstanding the nature of your post.
182 posted on 09/18/2002 7:57:25 PM PDT by rintense
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To: Southflanknorthpawsis
And all those questions you posed amount to a big pile of irrelevance. Everyone involved in this case including his lawyers knew your boy Dave was good for this from the very start.

Barb Easton at this point? How sorry....

183 posted on 09/18/2002 8:07:29 PM PDT by Greg Weston
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To: Southflanknorthpawsis
Pathetic.
184 posted on 09/18/2002 8:08:46 PM PDT by Greg Weston
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To: rintense
I also respect Napolitano greatly, but since there hasn't been a whisper confirming the story, it is still based on assumption.

If Napolitano or O'Reilly are privy to anything more than the news story, there is even more ethical questions surrounding the DA.

If they do indeed have confirmation, someone is talking that shouldn't be and we have another problem, don't we?.

My guess is that they don't have said verification and consequently are stirring controversy in a pot that is still empty.

185 posted on 09/18/2002 8:22:21 PM PDT by Southflanknorthpawsis
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To: Southflanknorthpawsis
"I need to repeat that every bit of this ethics hand wringing is based on the "confession" being an absolute. If it isn't and the rumor is false (which may very well be), this is all moot."

I counted three different press reports yesterday that were reporting this, and I am sure there were more. The ones I read cited law enforcement officials... The judge did unseal a bunch of stuff yesterday... I can't believe all the press reports had the same source...

186 posted on 09/18/2002 8:36:10 PM PDT by marajade
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To: Eva
" ... but what if Westerfield did the kidnapping and someone else killed her?"

Doesn't matter the law looks at it same: one or both committed both crimes...
187 posted on 09/18/2002 8:38:00 PM PDT by marajade
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To: marajade
I can't believe all the press reports had the same source...

I could me mistaken, but I believe all reports trace back to the San Diego Union Tribune as the source. That paper claims an unnamed LE source.

At this point there is no confirmation. As I said earlier, that fact was emphasized on local San Diego news last night; unconfirmed at this time.

188 posted on 09/18/2002 8:46:54 PM PDT by Southflanknorthpawsis
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To: Southflanknorthpawsis
Well I can't believe Judge Napalitano would stake his reputation at FNC and as a jurist by filing a complaint with the State Bar of CA without something more substantive than "rumor" or "unconfirmed" reports...
189 posted on 09/18/2002 8:50:24 PM PDT by marajade
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To: rintense
It's scary to think how many people have been found not guilty of violent crimes all because defense lawyers can lie with impunity.

I'm sure there are no statistics, but I'd love to know how many defense lawyers knew their client was guilty of a violent crime, lied in court to get a non-guilty decision then their client went on to harm or kill another person. Hell, truth be told, I'm still waiting for OJ to slice another womans neck in half.
190 posted on 09/18/2002 8:54:32 PM PDT by Brytani
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To: Southflanknorthpawsis
Be careful in respect of any media figure. They have to toe lines with regard to content packaging and product branding that are unknown to their fans.

You may remember the usual send-up in adult comedies of the children's show beloved star who actually hates kids. Or the immensely popular comedians who live lives of utter bitterness, strive and tradegy.

There is almost a perverse "consevation rule" in show business -- the traits that make a personality most marketable and popularly appreciated in the medium he or she is in, can often be the weakest traits they have in real life. Sort of a variation on those who can't do are good teachers axiom.

It's not a an absolute rule, but it happens enough to be remarkable.

191 posted on 09/18/2002 8:54:34 PM PDT by bvw
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To: McLynnan
The bad thing about this entire trial, if Feldman had done the ethical thing and asked to be recused once he knew of his clients guilt, another defense lawyer would have taken his job and put on pretty much the same defense. But that would have been ok, after all that lawyer didn't know the client was guilty.

Screwed up system we have when you think about it.
192 posted on 09/18/2002 8:56:29 PM PDT by Brytani
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To: bvw
If we are to expect prosecutors to follow the laws of evidence, to not misrepresent the states case, to not fabricate evidence to railroad a person into prison, why is it so much to ask that we expect defense attorneys to not lie, fabricate evidence, misrepresent the case?
193 posted on 09/18/2002 8:57:49 PM PDT by Brytani
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To: YaYa123
24 hours after the story appeared in the San Diego paper, and nobody, but nobody has denied it. No body!! Not even an anonymous source speaking on behalf of the defense.

Did not Feldman tell reporters something to the effect that "we will try the appeals in the courts, not in the press"? After saying that, he would be amiss to do what you suggested.

194 posted on 09/18/2002 8:58:34 PM PDT by drlevy88
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To: tetelestai; Ditter; ChiefRon; Starshine; UCANSEE2; Mrs.Liberty; Jaded; skipjackcity; BARLF; ...
fyi!
195 posted on 09/18/2002 8:58:36 PM PDT by Freedom2specul8
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To: marajade
Well I can't believe Judge Napalitano would stake his reputation at FNC and as a jurist by filing a complaint with the State Bar of CA without something more substantive than "rumor" or "unconfirmed" reports...

I agree that would seem out of character, but that brings me back to the other ethical issue.

If he is certain, then someone has apparently given him information that the DA, himself, said, is of a nature that should not be disseminated.

Believe what you will, but I will be very surprised if this thing ever sees the light of day. Of course Bill O'Reilly will never come back and say there was no 'there" there.

If it is shown to be undeniably true, we who have maintained serious doubt of guilt will probably have our minds changed.

Until such time as I see true evidence of a confession, I will stick with my current belief.

196 posted on 09/18/2002 9:00:10 PM PDT by Southflanknorthpawsis
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To: Southflanknorthpawsis
"If he is certain, then someone has apparently given him information that the DA, himself, said, is of a nature that should not be disseminated."

I didn't say that two wrongs make a right... But apparently Judge Napolitano (sp?) must feel comfortable with the source in filing the complaint... I guess we'll have to see what happens...
197 posted on 09/18/2002 9:03:35 PM PDT by marajade
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To: Southflanknorthpawsis
" ... we who have maintained serious doubt of guilt will probably have our minds changed."

Its kinda difficult to dismiss blood, hair, and fingerprint evidence...
198 posted on 09/18/2002 9:04:42 PM PDT by marajade
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To: drlevy88
After saying that, he would be amiss to do what you suggested.

.....and that is exactly what some of us believe motivated the resurrection of this story. Feldman vowed not to speak publicly, so there the story hangs.

Since Feldman is a pricey, successful attorney, I find it a little ludicrous for people to think he opened himself up to throwing his career away. If anyone knows what he can and can't do, he does.

199 posted on 09/18/2002 9:05:26 PM PDT by Southflanknorthpawsis
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To: Brytani
The bad thing about this entire trial, if Feldman had done the ethical thing and asked to be recused once he knew of his clients guilt,

Supposing it WAS Westerfield who volunteered to reveal the body's location in exchange for leniency (and not the detectives, with no word of even possible acceptance from Westerfield -- SOMEONE find a direct quotation from a detective please?) that would still not be a proof of anything more than knowing about the disposal of the dead body. Feldman could not ethically quiz Westerfield further about the matter. It is not a defense attorney's place to deduce a client guilty on circumstantial evidence.

200 posted on 09/18/2002 9:06:38 PM PDT by drlevy88
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