An Absolute Disgrace in the Murder Trial of Danielle Van Dam

foxnews.com ^ | Bill O'Reilly

[rintense]

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.

[ThePythonicCow]

Yet it would be a downright lie of your lawyer said to the jury you were not even in the room when you had been.

Yes, that would be a lie, and wrong.

Your point being?

[Freedom2specul8]

I feel like such a dork..can't even remember his middle name, nor can I find it. Take yer pic --it's timing out on me now.

Number Name City State
103676 Steven Craig Feldman Laguna Niguel CA
056979 Steven Elliott Feldman San Diego CA
069757 Steven Jay Feldman Pleasantville NJ
059353 Steven John Feldman Laguna Hills CA
061095 Steven L. Feldman Encino CA

[drlevy88]

Could someone please point out what rule here was supposedly violated? This is even weaker than I thought. I would have thought, from the way people are carrying on here, that one of the rules were "an attorney may not defend someone that he has reason to be as suspicious as hell about."

[demsux]

somehow, i view nipolito as doing drunk driving court...is he really distinguished? Don't take this wrong, I'm just a tv watcher...

[Brytani]

The point being the difference between an alternative theory to evidence and an outright lie in a court.

[demsux]

The talking heads can say whatever they want...would you like to go $10 that feldman comes out clean?

[Freedom2specul8]

The judge and o'reilly were referring to the part about misleading..

[Freedom2specul8]

Not at all.. :)

[demsux]

BTW, not to FR, a real bet between real people

[Freedom2specul8]

While I appreciate o'reilly's anger, and all those who are upset about this not being revealed sooner... I'm not so sure it's a legitimate complaint. People drop pleas all the time...and I've never heard of an atty getting introuble for continuing to represent the defendant. On the other hand...I've heard a few attys say that feldman should have stepped down after the plea deal was dropped. WHo knows?

[Freedom2specul8]

Twas Steven E Feldman, san diego
http://www.signonsandiego.com/news/metro/danielle/transcripts/020506westerfield6.pdf

[CW_Conservative]

Problem: Lingering Doubters as to guilt of Westerfield due to evidence recovered from body indicating it could not have been accessible to flies before suspect was being watched.

Solution: Leak information that suspect was about to plead guilty and inform LE as to location of body.

Perfect!!! Links finding body to guilt, instead of being suspects best chance of acquittal.

I have got to hand it to SD LE they know how to influence the weak minded. Their almost as good as the "jedi".

[drlevy88]

Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;

To apply this in the sense O'Reilly seems to want, would obligate both prosecution and defense to argue both sides of their case equally. Hey, to imply that their side might be true and the other false would be misleading!

I say, publicity stunt. There are logical possibilities consistent with DW not personally committing a murder yet knowing where the body was (if that's the case, which still seems less than clear... nobody on the police has yet stepped forward to take credit for such an assertion).

[ThePythonicCow]

The point being the difference

Yes -- we agree that there is such a difference.

What is your point in continuing to point that out?

[Eva]

Hey, Kim, remember when I said that I thought that Westerfield's best chance of avoiding the death penalty was to plead temporary insanity and you said that would ruin his chance of an appeal? Well, it looks as though someone made sure he wouldn't get an appeal, doesn't it?

[drlevy88]

Well, it looks as though someone made sure he wouldn't get an appeal, doesn't it?

It'll certainly make it harder (which is the point behind the leak, I think). If by some chance he gets a retrial, finding 12 jurors who haven't heard about this stink and will never hear about it during the retrial will be well nigh impossible.

[Freedom2specul8]

I do vaguely remember that Eva. The appeal process should be routine though....because it won't have anything to do with what happened after the trial and it the plea won't be addressed either. The appellate courts are only concerned with what happened during the trial...

Be sure to watch prime time tonight. Brenda and Damon will be interviewed. I saw a snippet this morning. They think DW was in their house before..standing and watching Danielle. (probably like he did to his niece) I still remember a post from mommya, who said a very similar thing.

[Fighter@heart]

In this case, like GUN CONTROL, no new laws are needed or required. The solution is to hold breakers of the current in place laws accountable. The laws that would stop this kind of practice are in place.....just enforce them.

[Amore]

Links finding body to guilt, instead of being suspects best chance of acquittal .. .how to influence the weak minded.

Wouldn't throw around those "weak minded" epithets too much if I were you. Pot calling the kettle black and that sort of thing . . . This wasn't reported in the papers until AFTER he was NOT acqutted. It was not reported until he was found to be guilty and the trial was over.

As for his appeal, it would not even be an issue which could be raised on appeal.

[Amore]

Links finding body to guilt, instead of being suspects best chance of acquittal .. .how to influence the weak minded.

Wouldn't throw around those "weak minded" epithets too much if I were you. Pot calling the kettle black and that sort of thing . . . This wasn't reported in the papers until AFTER he was NOT acqutted. It was not reported until he was found to be guilty and the trial was over.

As for his appeal, it would not even be an issue which could be raised on appeal.