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.

[Valpal1]

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

Not that unusual in a preliminary autopsy. Does indicate that she wasn't attacked with any frenzied or ferocious violence. No broken bones or ripped/sliced tissue. Not strangled if hyoid bone intact

Leaves us with "cause of death" scenarios that require extensive lab tests to determine/exclude.

The "desertion" charge is definitely the most interesting news factoid of the day!

[spectre]

Before I turned in, I read your post. Went to websleuths and read about Westerfield in the hospital.. I have heard the prisoners are giving him a very bad time, of course, considering the charges.

I hope it's not serious and he really didn't try and take his life. Man, we'll never know the truth if that happens. Night all,,,

sw

[crystalk]

But not here. Traditional floor plan, all bedrooms upstairs, no split scene

[Freedom2specul8]

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

Interesting rumor....maybe the mainstream press will report tomorrow?

[rolling_stone]

It was one the news last night that he had asked to see a doctor...

[Freedom2specul8]

WOuld you direct me to the post that discusses a desertion charge? What's that all about?

[Freedom2specul8]

Thank for splaining...

[Freedom2specul8]

I have never seen such wild speculation in my life.

I think I've been misunderstood. It's not the speculation that I mind..is the making a guess or speculation and then portraying it as fact. That's the way it appeared to many of us.

[Redcloak]

Correct me if I'm wrong, but isn't it standard police procedure to attempt to talk to a suspect after he's been read his Miranda rights?

[Freedom2specul8]

is = it is

[Jaded]

Yikes. Isn't it amazine how resourceful they are?

[Jaded]

This does not bode well. What happened to the dime sized?

[Jaded]

#230 & 231- Also makes for absolutely WONDERFULLY embarrassing teenage moments!!

[tutstar]

terrific...I am curious Fresno, are you a DA or is that just your initials?

[Southflanknorthpawsis]

Also makes for absolutely WONDERFULLY embarrassing teenage moments!!

LOL......especially if you have pictures.

[quimby]

WOuld you direct me to the post that discusses a desertion charge? What's that all about?

See post # 202 and my reply # 240.

[BigBobber]

The police say Danielle's blood was found in Westerfield's RV and on his clothing. If there is no trauma to the body, where did the blood come from?

It seems to me the easiest way to kill a child is by smothering or strangulation, neither of which would create a lot of blood.

[rolling_stone]

I asked the same question...there was speculation elswhere that the killer took one of the victim's mickey mouse earrings for a souvenir and tore it off, causing a small amount of blood...FWIW..

[Valpal1]

bottom of post 202, it is listed has the fourth charge

[homeschool mama]

**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! **

I just had to chuckle at this one! :o) (but I *am* glad they were safe)