Murder Charge Likely In Missing-Girl Investigation (Danielle van Dam)

Union Tribune ^ | February 25, 2002 | J. Harry Jones

[FresnoDA]

Murder charge likely in missing-girl investigation

Authorities believe 7-year-old Danielle is dead, source says

By J. Harry Jones 
UNION-TRIBUNE STAFF WRITER

February 25, 2002

It is increasingly likely that a murder charge will be sought against David Westerfield – possibly as early as today – for the death of 7-year-old Danielle van Dam, even though her body has not been found.

A law enforcement source close to the investigation told The San Diego Union-Tribune that "investigators and prosecutors are of the belief she is dead."

The source, who spoke on condition of anonymity, said the murder charge would include special allegations that could lead to the death penalty if Westerfield is convicted.

San Diego police Chief David Bejarano would not comment specifically on the source's claim, but said a decision on whether to bring a murder charge would be made today.

"We have been working with the investigators, the District Attorney's Office and the family throughout the weekend," Bejarano said. "Even if we do file the charges, there is always still the hope that she will be found."

Westerfield, who turns 50 today, is being held in isolation in the downtown jail without bail on charges of kidnapping and burglary in connection with the disappearance of Danielle from her Sabre Springs home. Danielle last was seen Feb. 1, when her father put her to bed, police say.

Westerfield, who lives two houses from the van Dams, is scheduled to be arraigned tomorrow.

He was arrested Friday, following a three-week investigation. Authorities said DNA tests found Danielle's blood in Westerfield's motor home and on a piece of his clothing. Additional evidence was discovered on a piece of the girl's clothing in her bedroom.

One reason for bringing the murder charge now is to avoid a possible legal entanglement, a source said. Theoretically, if Westerfield were to plead guilty immediately to the kidnapping and burglary charges, his attorney might be able to argue double jeopardy if a murder charge were brought later.

The decision to charge Westerfield with murder was discussed over the weekend with Danielle's parents, Brenda and Damon van Dam, the source said.

A spokeswoman for the van Dams last night said the couple would not comment on the case until after Westerfield's arraignment.

Westerfield became the main suspect within days of the girl's disappearance when he consented to, and failed, a polygraph test, several sources have said.

His Mountain Pass Road home had been under constant surveillance by detectives and members of the media covering what has become a national story. He was arrested at his attorney's office Friday.

Bejarano said during a news conference Friday that police "believe without question that DNA evidence links Mr. Westerfield to Danielle's disappearance."

Tests on additional pieces of biological evidence are pending.

Police started looking at Westerfield because he was the only neighbor away from home the weekend Danielle disappeared. He told police he socialized with Brenda van Dam and two of her friends the evening of Feb. 1 at a Poway bar.

He said he went home alone, then drove his motor home to the desert, where he spent the weekend by himself.

Authorities and hundreds of volunteers have searched eastern San Diego County methodically, hoping to find some trace of the girl.

Yesterday, 200 volunteers hiked through the Kitchen Creek area of the Cleveland National Forest, which is dissected by Interstate 8 – the freeway Westerfield likely would have driven to the desert.

Prosecuting a murder case without a body is difficult, but not impossible. Last year, a former Santee man was convicted of killing his estranged wife, Guadalupe Dailey, even though her body never has been found.

[scholar]

As abhorent has I find the idea, we know from previous cases that those things happen. Don't know if you saw the thread yesterday about the 'Perv' mother who was taking pictures of her little girls engaged in sex acts.

These people should never have the word 'parent' applied to them. Even wild animals defend their young.

[spectre]

It doesn't seem like the police are that much interested in searching for her either, Luis.

The search is still going on and I honestly don't know how many FReepers are searching in California.

I know we ARE searching for an answer on this forum and other forums as to how this terrible crime came to be.

Peace...sw

[scholar]

Could we please maintain some degree of civility here?

[Luis Gonzalez]

I can tell you how this crime came to be...some sick idiot snuck into someone's home and kidnapped their child.

It happens way too often...even to people who lead perfect lives.

[Luis Gonzalez]

You mean, don't point out that this FresnoDA has been spamming a political activism forum with unsubstantiated rumours about this case and calling them "facts"?

[winstonchurchill]

Assume that the reported evidence is true: (1) the little girl's DNA is found in the Westerfield RV and on a dry cleaned shirt belonging to Westerfield, (2) some evidence of Westerfield (hair or fingerprint) is found in the little girl's bedroom. Assume further that Westerfield denied ever being in the VD home or having the little girl in the RV. Assume no body is found.

What do you do with this? Would you convict a man -- any man -- of kidnapping, let alone murder on that evidence. I'm an old prosecutor (who has never defended a crook) and yet that gives me pause.

There are at least 3 scenarios possible:

1. Westerfield breaks in while Mrs. VD is out partying and Mr. VD is [unknown], kidnaps girl, takes her to RV, kills her, then leaves her in RV and goes to bar to socialize with Mrs. VD and friends to establish alibi. Then after bar, he drives to desert and disposes of body. Problems: Where is Mr. VD? Westerfield would have to be REAL cool customer to commit such a murder and go off to bar, not knowing when little girl might be discovered missing.

2. Westerfield goes to bar and socializes with Mrs. VD and learns of forthcoming 'adult party'. Realizing that this means that VD's and their 'guests' will be incommunicado in the garage, Westerfield enters house, takes girl, etc etc. May explain why Mrs VD "can't remember" dancing with Westerfield, while he does. Why didn't parents lock house and turn on burglar alarm if they knew (as they did under this scenario) that they would be "occupied" in the garage? Again would require Westerfield to have the nerves of a cat burglar to pull it off (going into small house with 6 adults in proximity).

3. Westerfield is either at adult party with Mr and Mrs or is called to it after they (or guests or some combination) kill (perhaps accidentally) little girl and Westerfield agrees to dispose of body. This would make Westerfield an accessory after the fact but put him in difficult spot without some corroboration of parents' involvement. This would explain all physical evidence but not make Westerfield guilty of murder. Charge could be designed to turn Westerfield. This also explains the bizarrely aloof behavior of Mr and Mrs.

One thing (one thing?) we don't know (or at least I haven't seen) is much about timing, i.e. what time does Westerfield arrive at state park versus when Mrs. leaves the bar with 4 "friends". None of these scenarios are satisfying to me and there are none I would want to try and make a murder conviction on -- without more.

One thing for sure this case will take the OJ slot for the foreseeable future.

[scholar]

You are free to point out anything that you wish. But calling people liars and turning this thread into a vendetta is not what this forum is about.

[Luis Gonzalez]

John Walsh's son's head was found a few hundred yards from my parent's home in Vero Beach where I lived back then, a few hundred yards from the yard where my then seven year-old brother played every afternoon.

I searched for Danny Rice for two days in SW Miami until the news of his dismembered body being found in pails reached us on the radio.

People who do these things to little kids are sick, and deserve to die.

The person with whom I am fighting on this thread is very succesfully drawing attention away from the murderer, and focusing it on the parents, holding them to blame.

Don't you wonder what his motive is?

[spectre]

Very good.

sw

[CdMGuy]

The most recent case of not having a body that I recall was a case in Newport Beach, CA. The husband rented a power boat with his wife. While at sea, he killed her and claimed she was water boarding and got knocked off the board by a rogue wave. The body was never found. He was convicted of murder mainly on testamony from a subsequent girl friend who testified that he told her of the crime. The was also the case many years ago of the Billionaire Boys Club. The club head was convicted of murder withoug any body being found.

[js1138]

The person with whom I am fighting on this thread is very succesfully drawing attention away from the murderer, and focusing it on the parents, holding them to blame.

I haven't followed ever word of your "fight" but the parents should be the focus of some attention. There is a huge difference between losing track of a kid in a mall, and leaving a seven year old unsupervised for most of a day. It's not the lifestyle itself, but the consequenses of putting self interest above any reasonable definition of parenting.

[lawdog]

"Ditto" your observation.

[Amore]

Not any more than I wonder what yours is.

While I do believe Westerfield is guilty, I do think the parents' negligence helped to make her abduction possible.

[lawdog]

I also sent you a "private" mail.

[bvw]

That case is similar to the infamous 1997 case in Wilmington Delaware, where no body was recovered but the ice chest the woman's body was dumped overboard in was -- although it contained no physical evidence, it mathced the witnesses' description. THE LEAST LIKELY SOURCES LEAD TO AN ARREST IN THE CASE OF A MISSING GOVERNOR'S AIDE

It's said that the perfect crime--from start to finish--can be committed by only one person. Get others involved, the reasoning goes, and sooner or later someone will crack. Perhaps Thomas Capano, in his privileged sphere, was unaware of that underworld wisdom. Perhaps his hubris got in the way. Perhaps he never thought his own family would turn on him.

Capano, 48, a once prominent attorney and power broker in the insular world of Delaware politics, was arrested last week in Wilmington and charged with first-degree murder, capping a 17-month investigation into the disappearance of Anne Marie Fahey, 30, the scheduling secretary for Governor Thomas Carper. Investigators have long asserted that Capano, the last to see Fahey when they dined together on June 27, 1996, killed her in a rage when she tried to end their secret three-year affair. But it was not until last week, when Capano's younger brothers Louis and Gerard provided new information, that there was enough ammunition to level charges in the case.

[MizSterious]

I have been wondering about your scenario #3 myself. It is not that far-fetched.

[spectre]

"Don't you wonder what his motive is?"

I don't think it's to draw us away from Westerfield, rather to draw attention to unusual circumstances and conditions which might have contributed to the child being kidnapped while the parents were "clueless" the poor little girl wasn't sleeping in her bed. At least that is my motive.

Look how you are so passionately reacting to this. YOU say YOU would be out searching for her, and have done this for others in the past. I believe you. So then, how can you excuse the parents who as far as I know, have NOT joined ONE search party to look for Danielle? You would have...

sw