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

KNSD NBC ^ | March 6, 2002 | KNSD NBC

[Valpal1]

Unless the X number of beers he downed with the pizza woke him up for a "whiz" trip to the toilet.

Most adults, no matter how slammed, do not break toilet training.

[FresnoDA]

---

INMATE DETAIL

Information is current as of last update: 03/07/2002

The data contained in these files is updated only once a day and should not be relied upon for any type of legal action.

PERSONAL			ARREST
Last:	WESTERFIELD		Agency:
First:	DAVID		Location:
Middle:	A		Hold Codes:
Sex:	M		Bail Amount:	$ 0
Race:	W		Facility:	1
Date of Birth:	02/25/1952		Cell:	05
Age:	50		Booking Date:	02/22/2002
Height:	6'02"		Booking Time:	15:24
Weight:	210 lbs		Booking Nbr:	02109697
			ReBook Code:	1
CHARGES:	Description	Code	Statute	Warrant Nbr
Primary:	KIDNAPPING	PC	207/208(B) P
Second:	OBSCN MTR:MNR	US	311.11(A) PC
Third:	MRDR:1ST DEG:S	PC	187(A) PC
Fourth:	DESERTION	US	10 885 US
Fifth:	ADDITIONAL COU	PR	NONE
COURT:	Destination Court	Date	Time
Appearance 1:	SD11	03/11/2002	08:00
Appearance 2:	SD11	03/11/2002	08:15

[spectre]

Here is where it gets fuzzy for me..

Go with the fact that Brenda and Damon went to bed at 2:30 am and didn't see the red light. Obviously they didn't.

Fast forward to 3:30 when Damon said he woke up and saw the red light, went downstairs and checked on the door.

By his own testimony, we are being led to believe the kidnapping happened between 2:30 and 3:30.

Damon gives US a huge clue how and what time Westerfield may have entered the house.

He covers his OWN butt, by saying "I didn't check on the kids, I thought nothing".

My major concern with his story, is that it is a fabrication and can't be proven.

Well???

sw

[FresnoDA]

POLICE DETECTIVES TRY TO SEE WESTERFIELD

( 03-07-2002 ) - Two detectives on the Danielle van Dam murder case are being investigated for inappropriate behavior, after they tried to question suspect David Westerfield in jail without the consent of his attorney or prosecutors.

While San Diego police call the incident "inappropriate," Westerfield's attorney says it was "outrageous" and a violation of his client's right to counsel.

A judge will have the final say in how this will effect the trial, but it does hurt the credibility of police.

If they're willing to violate David Westerfield's constitutional rights while he's in custody, his attorney could certainly argue that to their advantage on any question of credibility during trial.

Police don't deny the incident happened, but they're also not saying why the detectives tried to visit without first contacting Westerfield's attorneys or the prosecutors handling the case.

It's not clear if Westerfield actually met with or spoke to the detectives. He is currently in a cell at the central jail downtown.

Local Defense Attorney Bill Nimmo, who is not involved with this case, says he doesn't know if it was a rookie mistake or involved some calculated intent. But either way, the detectives involved should have known better.

"Here's a clearly, almost egregious violation of the Constitutional rights of David Westerfield, but when you take a look at what harm it does, then there's a question; how much harm was it? Had he made an incredibly incriminating statement and it got out into the press, then there could have been serious case consequences. Whether there will be now, it's a big question," said local Defense Attorney Bill Nimmo.

In a written statement, police admitted to the discrepancy, but wouldn't comment on the detectives' intention.

"It did happen. It is inappropriate once someone is represented to make contact with him. We will have no further comment and it is something we have handled internally," wrote Captain Ron Newman.

Westerfield's attorney has a hearing scheduled for Friday regarding the visit. He also plans to argue for a gag order again.

A preliminary hearing scheduled for Monday will tell us more about the evidence when prosecutors lay out their case against Westerfield.

[crystalk]

Am I crazy or may a deep threat speak before then?

[spectre]

OK, darn-it, you have a very good point about waking up for the toilet break..

sw

[FresnoDA]

Woman and Two Children Missing

Kidnapping

			SHERIFF'S DEPUTIES WANT YOUR HELP IN FINDING THIS MAN
			Sheriff's deputies are asking for your help in locating a Lomita woman and her two children after their apparent kidnapping. Adriana Galindo and her daughters, ages one and three were taken from their home Thursday. Deputies say Galindo let her estranged husband, Jose Delacruz, and two others into her Woodward Avenue home. Delacruz then forced her and the girls into a black Chevrolet Suburban and drove off.

Delacruz has a history of spousal abuse. "He's been heard in the past saying, `If I can't have you nobody will,"' Springer said. It was not immediately clear if the girls were Delacruz's daughters, said sheriff's Lt. Greg Ahn. It was also unclear who Delacruz's two accomplices were, although it was possible one was related to the suspect, Ahn said. Delacruz is 5 feet 7, weighs about 185 pounds, has black hair, brown eyes and was last seen wearing a black jacket and black pants. He was driving a black Chevrolet Suburban, license plate 4MIT716.

[Mrs.Liberty]

Add into the picture the first time he saw the light and shut the door...1:30. So btw 1:30 and 3:30.

I need to go listen to the John and Ken (local radio hosts)audio archive. I distinctly remember JOhn asking Brenda "Do you think she was kidnapped before you got home? She became upset at this, and her answer was negative.

I do not know what that means, I only know that it just struck me as odd when I heard it. How could she know if she did not check.

[FresnoDA]

Westerfield Arraigned On Murder, Kidnapping and Child Porn

			SAN DIEGO — 02/26/02- A neighbor of 7-year-old girl who vanished from her bedroom was arraigned Tuesday on charges of murder, kidnapping and possession of child pornography. David Westerfield, 50, the lone suspect in the death of Danielle van Dam, pleaded innocent to the charges and denied the allegations against him in state Superior Court. He remained in jail without bond.

The girl's mother, Brenda van Dam, burst into tears as deputies brought Westerfield into the crowded courtroom. Prosecutors charged Westerfield with a single count of murder with a so-called special circumstance--murder during kidnapping--that carries the possibility of the death penalty or life in prison if Westerfield is convicted. No decision has been made on whether to seek the death penalty, said San Diego County District Attorney Paul Pfingst. Westerfield's attorney, Steven Feldman, has promised to mount a "vigorous defense." Judge Peter C. Deddeh denied Feldman's request Tuesday to impose a gag order in the case.

Well, when will the "vigourous defense" start????  Gag order?  Get the information out Feldman, and keep the pressure on the other accomplices (if any!).

[Jaded]

David who woke up at 3:30?

[Jaded]

David who woke up at 3:30?

[Valpal1]

Umm. What exactly was your point? That inebriated people (in their own home!) may forget to make common sense routine security checks, or feel a false sense of security (in their own home!). That the non-sober do or fail to do things they later have cause to regret?

All true, and none of it makes them culpable or contributory to the criminal act of another. That their errors were exploited by a criminal is tragic, but unsurprising. If criminals approached only the well-armed and watchful, there would be damned fewer of them.

[Jaded]

What is the Desertion charge about?

[spectre]

Yes, I forgot. He did say the first time he saw the light was at 1:30, and he closed the door.

So when they both turned in for the evening, we have to assume the light was NOT red...Only when he got up for his "whiz break" (although he specifically said "he didn't know why he woke up"), did he see the red light. He said he thought nothing of it.

He later added, he thought a "smoker" went out back to snuff out a cigarette..and just left the door open. But THEY WERE ALL GONE, weren't they?

sw

[spectre]

Sorry...I mean to say Damon. Darn-it, now I'm confusing myself!

sw

[Southflanknorthpawsis]

Add into the picture the first time he saw the light and shut the door...1:30

This is what I thought. Then he explained it away with the ash dump story.

That made no sense because the "pizza party" had not occurred at that point and he inferred the alleged smokers were in the "party" group.

[Jaded]

This just gets curiouser and curiouser. I have to admit one of my problems with it is the 2 story house. If it was a single story dwelling it would make a whole lot of sense. Also, the DNA tests that were performed, how many loci were they comparing? Which DNA test did they use?

[Valpal1]

The thing that has bothered me the most is the dog waking him up. Was it normal for the dog to want to go out in the middle of the night?

If my dog (actually I'm between dogs right now) woke me up and I found a door ajar/unsecured, I would be doing a house check to make sure the kids were in and intruders were out.

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!

[Southflanknorthpawsis]

Also, the DNA tests that were performed, how many loci were they comparing? Which DNA test did they use?

Inquiring minds want to know.

[Valpal1]

What are the "desertion" charges about/for? Also, what are the "additional counts" listed in the fifth position?

Great document, leaves me with even more questions!!!

You did that on purpose ;-)