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Police tried to talk with Westerfield without his attorney! (Big No No!!) van Dam Case Update
KNSD NBC ^ | March 6, 2002 | KNSD NBC

Posted on 03/06/2002 6:27:23 PM PST by FresnoDA

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To: NormsRevenge
 

·                    In reference to the Dehesa site, the van Dams offer the following public comment:

 

                       “Although we have publicly shared our own raw emotions about the site where our daughter’s body was found, it was never our intention that the remembrances left there be moved to another location.  We are asking for that to be discontinued.  We deeply, deeply appreciate the love and support of each person, and of the greater, unified community.  In our time of sorrow, we don’t wish others any additional sorrow – neither those who choose to visit this site, nor those who were trying to focus the attention elsewhere.  We understand that there are many ways to work through grief, and we recognize that this is not just about our loss, but also about a community’s loss and pain.  We encourage people to follow their own hearts and path, and do not wish to interfere with that process.  Nothing will detract from the anguish we feel missing Danielle, or from the beautiful expression of love that has been manifested in the past four weeks.”

 

                                                Brenda & Damon van Dam


Ahhh.....isn't that special.....

61 posted on 03/06/2002 9:16:55 PM PST by FresnoDA
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To: FresnoDA
"blood, DNA, child porno on computer"

The evidence can be examined by the defense. The disk files can be compared and dated well enough to verify their authenticity, or prove tampering. So can the blood/DNA work. The SDPD certainly didn't hold the body somewhere and then place it. They also wouldn't cooperate with any scheme the vanDams might have attempted. John Gacey pleaded innocent also...with 30 bodies buried under his house. He claimed he didn't know how they got there. Amazing!

62 posted on 03/06/2002 9:18:57 PM PST by spunkets
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To: spunkets

Has Danielle's case been compromised by DA?

It is appalling that the tragic murder of Danielle van Dam has been a political godsend for District Attorney Paul Pfingst. That he exploited it to his own advantage only makes the situation more deplorable.

Pfingst may have compromised the case. The Rules of Professional Conduct limit what a prosecutor may reveal to the public prior to trial. A prosecutor may disclose only the name of the defendant, the charges that have been filed and the dates of pending court appearances.

In his quest for publicity, Pfingst went well beyond that. He offered his opinion about the strength of the case against David Westerfield, discussed Westerfield's criminal record and revealed details about the evidence, including facts known only by the police and the little girl's killer. Perhaps most outrageous was his revelation that Westerfield failed a polygraph examination, which is not even admissible in trial.

What will be the ultimate result of Pfingst's conduct? Will a change of venue motion be granted, requiring the extraordinary expenses and complications of trying the case in another county? Will some kook pop up giving a plausible confession, citing facts and circumstances he has gleaned from the press, further complicating an already complex case? Will yet another recusal motion be granted against the district attorney's office, resulting in the attorney general having to pick up the case?

STEPHEN R. ANEAR
Rancho Santa Fe


An interesting Op Ed in the Union Trib.....

63 posted on 03/06/2002 9:25:06 PM PST by FresnoDA
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To: FresnoDA
Here is a little something on porn law that I found. It deals with computer porn.

In 1996, Congress passed the Child Pornography Prevention Act, which made it illegal to own or distribute anything that appears to be a pornographic image of a child under 18. This would include an otherwise-innocent photo of a child, manipulated to appear to be nude and/or engaged in sexual activity, or a sexually-related photo of an adult intended to look like a sexually-related photo of a child. Virtual child pornography is, by definition, an illusion.

The most compelling rationale for the law was that authorities can't easily tell the difference between real child pornography and virtual child pornography. The counter-argument is that it's the prosecution's burden to prove an illegal act has taken place.

64 posted on 03/06/2002 9:27:59 PM PST by Cold Heat
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To: FresnoDA
Now you got something there. At the very least, it might make defense difficult due to jury problems. Could the prosecutor be removed for influencing potential jury members?
65 posted on 03/06/2002 9:33:50 PM PST by Cold Heat
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To: wirestripper
Hmmm....I believe that the judge has already dismissed much of the "sexually explicit" evidence of David Westerfield....
66 posted on 03/06/2002 9:34:48 PM PST by FresnoDA
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To: FresnoDA
As you know, Fres....this Pfingst angle has bothered me all along. Now here Pfingst sits today. without having gotten his required 50% in the primary to avoid a run-off.

He's in a political fight for his job. Bad, bad timing and another layer of "hmmmm" in this case.

67 posted on 03/06/2002 9:35:37 PM PST by Southflanknorthpawsis
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To: FresnoDA
I absolutely cannot understand why Westerfield would consent to having his home and belongings searched when he knew there was all that evidence there (porn,blood,etc). It doesn't make sense! Can he be that stupid?
68 posted on 03/06/2002 9:40:10 PM PST by Canticle_of_Deborah
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To: FresnoDA
I don't know the rules of professional conduct for CA, but the kind of info that's out already in other cases from CA before trial. All they've given out is general info, no details. There's no way the blood could have been spread by the cops, since they didn't have the victim until after she was reported missing. The defense would have to argue the cops were molesters, or they were coconspirators with the vanDams. Even in CA a jury won't buy that, unless they're given a years supply of hallucinogens.
69 posted on 03/06/2002 9:44:03 PM PST by spunkets
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To: Southflanknorthpawsis
I've been thinking about the DNA. They said they found a dime sized stain on a jacket and only trace evidence in the motor home. The only test fast enough to fit the time frame would be a PCR. Only a few markers are checked. The results from the better tests take much longer to do but need bigger samples. (RE: OJ case)

My point is, do they have enough? I bet they don't. They were looking to make a arrest. PCR may have even matched a family member. They took DNA from everyone, I understand, so those tests should be comming back soon. Maybe that is why things are so quiet.

70 posted on 03/06/2002 9:49:07 PM PST by Cold Heat
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To: wirestripper
Maybe that is why things are so quiet.

Hmmmmm.....interesting thoughts.

I realize that it may be nothing more than coincidence, but it is likely that Pfingst was very anxious for an arrest before yesterday's vote.

It is also weird, as has been noted, that he talked so much about the particulars.....very out of character for a District Attorney.

71 posted on 03/06/2002 9:56:32 PM PST by Southflanknorthpawsis
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To: Southflanknorthpawsis
Well, it could be that Westerfield is a candidate for the Darwin Award. But, if he is not, then they made a case from little or nothing and they appear to be screwing that up.
72 posted on 03/06/2002 10:00:36 PM PST by Cold Heat
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To: wirestripper
But, if he is not, then they made a case from little or nothing and they appear to be screwing that up.

Despite their appearance of confidence, I think the prosecution is worried.

73 posted on 03/06/2002 10:03:36 PM PST by Southflanknorthpawsis
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To: Southflanknorthpawsis
.....very out of character for a District Attorney.

Not really, when you consider that it is a political position.

74 posted on 03/06/2002 10:03:45 PM PST by Cold Heat
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To: wirestripper
The only test fast enough to fit the time frame would be a PCR. Only a few markers are checked. The results from the better tests take much longer to do but need bigger samples. (RE: OJ case) My point is, do they have enough? I bet they don't. They were looking to make a arrest. PCR may have even matched a family member. They took DNA from everyone, I understand, so those tests should be comming back soon. Maybe that is why things are so quiet.

Excellent Point!...And if mom had been in motorhome?

Dried Bloodstains See Leather...

DNA Forensics

Where is the autopsy report, one week and counting...?

75 posted on 03/06/2002 10:08:40 PM PST by rolling_stone
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To: wirestripper
Not really, when you consider that it is a political position.

True, but he still should have known to remain general and not gotten into specifics.

76 posted on 03/06/2002 10:09:09 PM PST by Southflanknorthpawsis
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To: FresnoDA
FDA....wanna make a bet they cop a plea with him over something they knew they screwed up on? He is out in 10-15 if convicted.3-5 if plea.
77 posted on 03/06/2002 10:10:51 PM PST by My Favorite Headache
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To: Southflanknorthpawsis
I guess he was hoping for a few more votes. I'll bet the trial gets moved now. Probably won't see it till next summer.
78 posted on 03/06/2002 10:11:20 PM PST by Cold Heat
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To: rolling_stone
try that dried bloodstains again:

Dried Bloodstains

79 posted on 03/06/2002 10:11:39 PM PST by rolling_stone
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To: My Favorite Headache
Plea, may be coming, unless DW knows other details of the events of February 1 and 2 at the VD residence.....
80 posted on 03/06/2002 10:15:16 PM PST by FresnoDA
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