Police tried to talk with Westerfield without his attorney! (Big No No!!) van Dam Case Update

KNSD NBC ^ | March 6, 2002 | KNSD NBC

[FresnoDA]

David Westerfield was arrested on charges of kidnapping and burglary. Police say Danielle's blood was found on his clothing and in his motor home.

Police tried to talk with Westerfield without his attorney by NBC 7/39 News Staff

SAN DIEGO, March 6 –    A San Diego police captain confirmed Wednesday that two detectives tried to talk with the man accused of killing Danielle van Dam when his lawyer was not present to represent him.

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.

[Southflanknorthpawsis]

I woke up one summer morning to find my front door open (it has deadbolts) and my NAKED daughters (2 and 3) riding their trikes around the block. They used the time out chair to reach the doorlock and the gate latch!

*giggle* It's amazing what toddlers can do, isn't it?

I've had a in-home childcare business for many years (still do) and the little ones never cease to amaze me. Those little wheels are turning and eyes are watching all the time.

[rolling_stone]

On Feb. 7, police obtained a warrant to search Twin Peaks Cleaners & Shirt Laundry on Pomerado Road, where Westerfield had taken two pillowcases, a comforter, a comforter cover and a jacket for cleaning the Monday after Danielle disappeared. Westerfield went back that same afternoon and dropped off pants, a sweater and a shirt, court records show. Before Westerfield could pick up the clothes, police seized them. On a jacket, investigators found a drop of blood, according to court records. DNA strands were extracted using tools powerful enough to pull them from a blood sample the size of a pinpoint.

Tests were done at the Police lab...

[spectre]

OMG..two little naked daughters riding their bikes in the street?! That story is too cute.

sw

[spectre]

"Tests were done at the Police lab"...

Oh, oh...now what do we all remember about Lab contamination and the credibility of some labs, boys and girls? Think back to the O.J trial.

sw

[FresnoDA]

Re Post # 202, this thread....Vall, I am talking with contacts in San Diego. The booking information has just gone "live" on the net. What the Desertion Charge is, have no clue. As for the fifth charge, again, no known, and has not been reported. But it is fascinating, to say the least.......FresnoDA

[MizSterious]

Ok, so what's "Additional Cou"? Desertion: what's your best guess--would that be a military charge, or a family court kind of charge?

[crypt2k]

Desertion - they are covering the possiblity that DW left her alive somewhere?

[Valpal1]

Desertion - they are covering the possiblity that DW left her alive somewhere?

You are a genius. That could be it. But that could mean she died of dehydration (Why no obvious cause of death?)locked up somewhere while everyone is looking for her.

But also had accomplice to move body? Wasn't he under 24/7 surveilance from the get go?

[crypt2k]

There was that sighting in Tijuana. Maybe DW transferred custody to ???

[Valpal1]

Well, they did stay on the sidewalk. And it's funny now, but it wasn't funny then. I expected a visit from child protective services for the rest of the week. Not to mention there are 3 registered sex offenders in our town.

It doesn't take long for them to generalize from stand on chair to wash hands ---- to stand on chair to reach many forbidden goodies, deadbolts, cookie jars, etc. I put a child safety lock on the gate latch, and they promptly started scaling over the 6 foot chain link fence. These two are privately known to their mommy as instigator and perpetrator.

[Southflanknorthpawsis]

These two are privately known to their mommy as instigator and perpetrator.

Hehehehe......I'm very familiar with the "partners in crime" duos. It's never funny at the time, but usually comical when you look back.

[Valpal1]

There was that sighting in Tijuana. Maybe DW transferred custody to ???

And that third party murdered and later dumped Danielle's body at the location where it was found?

Until they release the autopsy, and state whether they feel the corpse was moved to that site or originally dumped at that site, as well as when they believe she actually died/was killed, we can't theorize very far.

Questions in the dark as Gandalf says. Hmmm....

[crypt2k]

Maybe he dropped her off alive in some out of the way place, she got lost and succumbed. We had a case a few years ago where a teenager decided to cut across a few miles of back country after school. The found him dead on a hillside very close to our housing tract after a three week search. No foul play was established. Death due to dehydration, probably.

[crypt2k]

There was that mysterious re-search - perhaps somebody found the body somewhere else, moved the body to a neutral spot, and then tipped police. Maybe an illegal alien found the body and didn't want to deal with the border patrol.

[Valpal1]

Maybe he dropped her off alive in some out of the way place, she got lost and succumbed.

Very good theory! Also happens to fit the more common MO for pedophile abduction/rapes. They snatch a child and commit their crime and usually abandon the victim very close to or at the rape crime scene.

Is the area where her body was found, very undeveloped, that she could have wandered around without finding help, finally just laying down to rest and succumbing to thirst, hunger and exposure?

Also, without an autopsy report we don't know if she was bound. He could have abandoned her alive, but bound.

I'm wondering if the defense attorney has extremely good reasons to want to suppress all information. Some scenarios are so gruesome, I'm not sure DW would be safe, even in segregation.

[MizSterious]

If this scenario is correct, it's more horrible than most of us ever imagined. But it might explain the mysterious "desertion" charges.

[rolling_stone]

Did you see where the 4 hour autopsy did not show signs of sexual assault or cause of death......

[LurkedLongEnough]

Danielle was born long before the VDs moved to California

Thanks for the hope for some sort of normalcy - the whole thing is so bizarre.

[Valpal1]

There was that mysterious re-search

I don't know if the research was so mysterious. If the area was not searched with sufficient man power the first time, doing a research when increased manpower was available.

Searchers are supposed to be no further apart than the height of the victim. For a child as small as Danielle, you need a LOT of searchers to adequately search a given area. A redo is not out of line, if the manpower is available.

[quimby]

But it might explain the mysterious "desertion" charges.

The Desertion charge is strange. But the code violation listed (10 885 US) is a valid US Criminal Code, and pertains to desertion from the military.

BTW, there is a rumor at websleuths.com that westefield is in the jail hospital--possible suicide attempt.

Covering for somebody else, Part 3... See # 32