Defense lawyers in van Dam case ask for new evidence, delay of sentencing

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[Jalapeno]

Defense lawyers in van Dam case ask for new evidence, delay of sentencing

SAN DIEGO (AP) — Lawyers for the man convicted of kidnapping and killing Danielle van Dam requested Thursday that his sentencing be delayed and prosecutors hand over evidence they believe could show the 7-year-old girl wasn't kidnapped.

If that were the case, David Westerfield would not face the allegation that made him eligible for the death penalty.

Danielle vanished from her bedroom on Feb. 1. Her body was discovered along a rural road nearly a month later.

A jury recommended that Westerfield be put to death for the crime. His formal sentencing is scheduled for Nov. 22.

But in motions filed Thursday, defense lawyers said they want the sentencing postponed to research potential new evidence.

The request was prompted by an article in the October issue of San Diego Magazine quoting a police source saying that Westerfield sneaked inside Danielle's bedroom the night of her disappearance and "He hit her, and that was it."

Defense lawyers claim that quote implies prosecutors and law enforcement have evidence that the girl was killed in her bedroom. They ask to be allowed to determine the source of the article and conduct new interviews.

Prosecutor Greg Thompson said the request "defies common sense" and called the motion "an argument that can only fool a lawyer."

[Jalapeno]

Note: Westerfield Still guilty, but claiming he was not a pervert, just a murderer who killed her right away....

[D-fendr]

Or, rather, you can't kidnap a dead body? Would murder and "theft of deceased person" qualify for capital punishment?

[demsux]

hand over evidence they believe could show the 7-year-old girl wasn't kidnapped.

Hand over hidden evidence, eh?

If she wasn't kidnapped, Westerfield couldn't have done it, because part of the evidence that convicted him included fingerprints in his RV.

Dead bodies don't leave fingerprints.

[alexandria]

Dead bodies don't leave fingerprints.

Dead bodies don't bleed (all over everything) either.

[EllaMinnow]

http://www.signonsandiego.com/news/metro/danielle/20021118-1703-ca-kidnappedgirl.html

"Prosecutors called the quote "a speculative opinion" that did not merit delaying the case. They said a thorough investigation failed to turn up the source or any evidence to support the theory.

"No forensic evidence of a violent assault was found in Danielle's bedroom," prosecutors wrote.


"Doctors who examined her remains found no evidence of trauma, they said. "And finally, Danielle's fingerprints, blood and eight-inch-long hairs found inside the defendant's motor home clearly prove she was alive while inside his motor home the last weekend of her life."

Kevin Cox, who wrote the magazine article, declined to reveal the source, prosecutors said."

[paul51]

Wait until DumbAss hears about this. A feel a new song coming on

[demsux]

"No forensic evidence of a violent assault was found in Danielle's bedroom," prosecutors wrote.

Nor in Westerfield's home, 4 runner or RV.

I suggest checking the parents bedroom, stairwell and garage.

"Doctors who examined her remains found no evidence of trauma, they said. "And finally, Danielle's fingerprints, blood and eight-inch-long hairs found inside the defendant's motor home clearly prove she was alive while inside his motor home the last weekend of her life."

Misstates the evidence...it only shows that she had been in the motorhome sometime within the past 2 years.

[EllaMinnow]

How do you come up with 2 years?

[demsux]

That's approximately how long he owned the motorhome. He kept it on the street up until Oct/Nov of the prior year. Would leave it open when loading/unloading/cleaning/working on it.

[EllaMinnow]

How did the dog hair get in there?

[demsux]

Probably the same time Danielle went in there.

[EllaMinnow]

Then you have to narrow the time down a lot more than 2 years, since the van Dams didn't have the dog until last fall.

[shezza]

It's deja vu all over again!

[EllaMinnow]

ping.

[cyncooper]

Nor in Westerfield's home

No direct evidence of violent assault in the home, but her hair was in his home--including his bed.

[demsux]

We know she was in his house...selling girl scout cookies.

[alexandria]

How did the dog hair get in there?

Here's an even better question. Since there was a "significant" amount of dog hair in MH, how come there was NO dog hair recovered at Dehusa with or on her body?

[CAPPSMADNESS]

"Would murder and "theft of deceased person" qualify for capital punishment?"

No I believe that "abuse of a corpse" is a felony though...

[CAPPSMADNESS]

cuz it all magically fell off in the motorhome!!!

;)

how ya doing???

[Jalapeno]

Uh, Westerfield's Guilt is no longer in question...if you have any doubts, read about the plea bargining that was about to be inked Moments BEFORE they found the girls body.