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.

[FresnoDA]

How sad.....

[FresnoDA]

LEGAL EXPERTS DISCUSS VAN DAM CASE

( 02-25-2002 ) - It's been 24 days since Danielle van Dam has turned up missing. And now, a suspect is behind bars, but searchers are no closer to finding the little girl.

Hundreds of volunteers spent the weekend searching around Borrego Springs and Pine Valley. On Friday, the Van Dam's neighbor, David Westerfield, was arrested.

Lab tests found the child's blood on Westerfield's clothing and in his RV. He now faces kidnapping and burglary charges. The self-employed engineer will spend his 50th birthday in jail on Monday.

On Sunday night, a fundraiser was held in Rancho Bernardo. Diners who brought flyers into the Rancho Bernardo Souplantation had 20 percent of their bill donated to search efforts.

Suspect David Westerfield is set to appear in court this week. But local experts say, without a body, there is no evidence that Danielle has been killed. Many fear the 7-year-old will never be found.

“The single most important factor in determining the homicide of a missing body case is the uncharacteristic or the uncanny disappearance,” said Deputy District Attorney Dan Goldstein.

Goldstein was able to convince a jury last August to convict James Dailey of killing his wife Lupe, even though her body was never found.

“We found out he had made threats, that he said he was going to kill Guadalupe and that nobody would ever find her body,” said Goldstein.

Besides a motive, Goldstein said there was other circumstantial evidence that pointed to Dailey's guilt.

“In the James Dailey case, he had a motive. There was an acrimonious divorce going on and he wanted custody of his kids. There were inconsistent statements, and an alibi that failed,” said Goldstein.

“When you see a prosecutor of a case where there’s no body, they have strong circumstantial evidence and they have a motive,” said Defense Attorney Kerry Steigerwalt.

Steigerwalt says a motive is necessary in a murder trial to convince a jury to convict if a body hasn't been found.

And if David Westerfield were to go to trial for the disappearance and murder of Danielle van Dam, Steigerwalt says right now there is no motive.

“What is the motive here? We’ve seen in the press there were all kinds of bags of pornography taken from the home. Is that a motive?” said Steigerwalt. “It sure seems to me we're lacking motive. I mean we can stretch, we can hypothesize, we can believe that it was this cause or that cause. But there's no real motive here.”

Detectives handling this case admit no motive has been established yet. However, new evidence or information may turn up as court proceedings go ahead.

[LurkedLongEnough]

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.

Doesn't seem like double jeopardy to me - murder would be a different charge, wouldn't it? Doesn't "double jeopardy" refer only to being charged/tried for the same crime a second time?

[MeekOneGOP]

How sad.....

Yes.

I thought they had to have a body to prosecute for murder? I guess I'm mistaken?

[homeschool mama]

Incredibly sad.

[FresnoDA]

Ping...)))

[MeekOneGOP]

Doesn't seem like double jeopardy to me - murder would be a different charge, wouldn't it? Doesn't "double jeopardy" refer only to being charged/tried for the same crime a second time?

I understood for the same crime as well. I think the writer got it wrong.

[FresnoDA]

MURDER CHARGES MAY BE FILED TODAY
A San Diego law enforcement source has told the Union Tribune that murder charges are likely to be filed against David Westerfield in the kidnapping of 7 year old Danielle van Dam. And the source says the murder charges, which would include special circumstances that qualifies the case for the death penalty, could be filed as early as today. Westerfield was arrested last Friday and charged with kidnapping after police said CSI teams found blood and DNA evidence in Westerfeld's clothing and motor home as well as in Danielle's bedroom. Meantime, search teams say they will continue their search for Danielle each day this week. Danielle was discovered missing from her bedroom on the morning of February 2nd.

[Catspaw]

No, you don't need a body to prosecute someone for murder.

We had a murder in which a man was convicted of murdering his wife even though they never found her body. I can't remember their last names, but I do know there was a TV movie made about it. The murder victim's name was Vonnie and for some reason I cannot for the life of me remember who played her sister in the TV movie....Blonde woman, had breast cancer, married to a cop....

[FresnoDA]

I watched a show recently on Discovery Channel, and a Doctor/Dentist? killed his wife/girl friend, and took the body off the Virginia coast, dumped in the ocean inside of an ice chest/bait box.  Body was never recovered, but the guy was sentenced for murder anyway.  I am sure there are other cases as well.  Sorry for the lack of details, just giving you the scenario.

Westerfield is definitely getting squeezed BIG TIME now by San Diego LE.

Must we presume that the investigation is over, and that Damon and Brenda VD are "off the hook"?

There are still many gaping questions, at least on the surface, with regards to their actions that evening.  In fact, one might conclude that their actions were either reckless or contributing to the outcome of the little girls safety....

[scholar]

Doesn't "double jeopardy" refer only to being charged/tried for the same crime a second time? I think you are correct, but you know lawyers--they could probably tie the case up in appeals and legal mumbo jumbo forever.

[crypt2k]

Maybe Westerfield would like to reveal where the body is, but something is keeping him from doing so. That something could be the condition of the body when he finished with it.

[crypt2k]

Danielle: Lost in the Hustle

[scholar]

There are still many gaping questions,...

I agree, I am still praying that LE is taking a hard look at the van Dams.

[Hillary's Lovely Legs]

Could you be referring to Thomas Capono, the attorney in Delaware who murdered his girlfriend and he and his brother dumped the body in the Atlantic in an ice chest?

You are correct, no body but he was convicted of her murder.

[Hillary's Lovely Legs]

This was a crime of opportunity. Sadly the parents provided the opportunity.

[FresnoDA]

You are correct, thank you for maintaining the FR memory division!! BTTT!

[freedomlover]

Could the blood itself satisfy the need for a "corpus"? I seem to remember a bone fragment has, before.

[village idiot]

And why aren't the police beating the bejeezes out of this guy and getting some info as to where he dumped her body?

[newzjunkey]

That something could be the condition of the body when he finished with it.

RUMOR has been for weeks now that he's been negotiating to get death off the table (not that it matters as here in CA seemingly no one really dies) in exchange for the location of the body.