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Posted on 03/06/2002 6:27:23 PM PST by FresnoDA
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Lawyers for David Westerfield filed papers in court Tuesday saying that the detectives attempted to talk with Westerfield last Wednesday, the day after he was charged with kidnapping and killing 7-year-old Danielle van Dam. The lawyers called the action “outrageous government misconduct,” and wrote that it jeopardized Westerfield’s right to effective counsel.
Defense experts say the law is clear: once a suspect has a lawyer, police and prosecutors should not attempt to talk with the defendant without getting permission from the lawyer. Some say the incident could harm the case against Westerfield.
"It sends a lot of messages, in addition to laying the groundwork for potentially asking the court to dismiss the charges because of this outrageous governmental conduct," criminal defense specialist Kerry Steigerwalt said.
Wednesday, Police Captain Ron Newman told NBC 7/39 that two detectives did request to speak with Westerfield, but he apparently refused to talk with them and called his lawyer to report the attempted interview.
"I have confirmed that that did happen,” Capt. Newman told NBC 7/39. “I question the appropriateness of it. I'm sure the detectives felt that it was the appropriate thing to do, given the set of circumstances that they were under. But we will be handling that internally. So it's not something that we would normally do. In fact, we should not be doing it, frankly.”
Another legal expert told NBC 7/39 that if police did not actually talk with Westerfield that day, there's little damage to the case against him.
That, I believe, is not true. I have been watching this very closely (I live within a few miles from the VD's). I have never heard about a fingerprint of Westerfield's in Danielle's room. Unless, this is a brand new "leak".
San Bernardino County sheriff's officials say a seven-year-old girl kidnapped from her bedroom early this morning escaped by jumping from her abductor's car when he stopped to look for his lost wallet. Sheriff's spokesman Chip Patterson says police found a wallet in front of the girl's Grand Terrace home and waited for the suspect at the address on his driver's license.
Dennis Martin Castro was taken into custody after three hours after the 3:30 am abduction. Patterson says the girl "is unharmed, aside from being frightened."
The kidnapping occurred a little more than a month after another seven-year-old girl, Danielle van Dam, was reported missing from her San Diego bedroom. Her body was found last week and a neighbor has been charged with her murder.
Hummmmm? Copycat?
sw
This has bothered me, too. For such a highly regarded inventor who some have called a "genius," this is really some low-wattage thinking. Why? Stress maybe? Or something else?
Oh, I don't know, innocence maybe? Just a thought...
Any information re this abduction?--this little girl was apparently awake and capable of escaping her abductor when the opportunity presented itself, so I am curious how this little one was removed from her home without arousing the parents.
Would appreciate any available links.
"I have confirmed that that did happen," Capt. Ron Newman said.
Given the fact Westerfield is represented by counsel, "I question the appropriateness of it," he said.
"I'm sure the detectives felt that it was the appropriate thing to do, given the set of circumstances they were under," he said. "But we will be handling that internally. So it's not something that we would normally do. In fact, we should not be doing it, frankly."
Newman said Westerfield, who is accused of kidnapping and murdering Sabre Springs 7-year-old Danielle van Dam, refused to talk to the detectives on Feb. 28, then called his attorney to report the attempted questioning.
In a motion filed in Superior Court following the attempted visit, defense attorney Steven Feldman asked a judge to issue an order prohibiting law enforcement from contacting Westerfield except through counsel.
Feldman said that the actions of the detectives was improper since they knew Westerfield had retained legal representation.
"This court has a duty to protect Mr. Westerfield from police misconduct, especially when it is put on notice that misconduct has occurred," Feldman wrote.
A hearing is scheduled Friday on Feldman's renewed request for a gag order in the case. A preliminary hearing is set for Monday.
Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of the second-grader.
The actions of SDPD will most likely swing the gag order decision in DW/Feldman's favor......
I realize it is a monkey wrench in the scenerio we have all been looking into, but they MUST be looking into this Castro fellow throughly, and it is possible neither the van Dams nor Westerfield had anything to do with Danielle's murder, just happened to all be in the wrong place at the wrong time.
It was from KABC-TV and the AP, according to the article.
sw
Excellent point..notice the police in the photo, one is young and the other should be cited by the fashion police...nice yellow tie!
He got his arrest and then fed an unusual amount of "information" to the public. There was a powerful attempt to firmly establish DW's guilt in the public mind and rapid fire clearing of anyone else.
If the case is moved to another county and there is a failure in getting a conviction, Pfingst can claim little responsibility.
Funny that you should say that.
I find myself in a position that I have never been before. I am so pro prosecution and have such intense dislike for defenders.
That said, I feel like I am looking at an innocent man when I see Westerfield's face. I can't explain it but it is supported by all the bizarre twists and turns in what we have witnessed thus far.
Many people have talked about a gut feeling and I have to say that is what I feel too. Time may change my mind but if there is not a lot more evidence than it appears right now, I'm leaning toward thinking DW is not guilty.
I am shocked at myself for the way this case has affected me; not my normal reaction.
That would be the icing on the cake, wouldn't it?
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