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.

[Valpal1]

1 - the little girl was CONSTANTLY wearing this neck choker thing. I know several 7 year old girls who like these, none of them wear them constantly. It looked odd, like a biker tattoo or a dog collar.

There are plastic spiral chokers designed to look like tattoes, although some have beads on them, are very "retro" and very common in dollar stores, and very popular with the elementary school set. Lots of girls her age wear them constantly. They are stretchy and comfortable, easy to forget you have them on, my thirteen year old has had the same one on for a year.

2 - Danielle looked oddly developed for a 7 year old. Most of my friend's daughters did not get (sorry for the language, but that's the way they describe it in the health textbook) "breast buds" until age 11 or 12.

Not that uncommon, high nutritional standards have really pushed age of development downward, also Danielle was a little chubby, so not that unusual at all.

Someone else noticed this on one of the threads and said it might be due to molestation.

Sexual activity, i.e. molestation does not cause or contribute to the early onset of puberty or physical development. Although, it is a favorite rationale of pedophiles, "I was just teaching them", "Helping them learn","Showing them what to expect", blah, blah, blah.

Westerfield may have targted Danielle weeks or months before he acted. We can second guess the actions of Danielle's parents forever, but it doesn't change the fact that she was abducted by a predatory pervert.

I was looking at FBI statistics at MISSING KIDS and it happens with sickening frequency. Like 30-40% of stranger abductions are middle of the night home invasions (most of the rest are afternoon/evening and occur from public places) and are more likely to be predatory rather than financially motivated. It is a sick world, and I hope Westerfield is executed.

[spectre]

Thanks...OK, well, I still think the Mother's character is less than sterling. :~)

So now, I'll go watch the Antique Roadshow, followed by the Gary Condit Larry King roadshow, and I'll bet that live thread won't get pulled! LOL!

sw

[scholar]

Re: Breast Buds

In case no one here has been paying any attention, for many years, females in this country are entering puberty much earlier than we old farts-- primarily due to better nutrition. I could go to my medical books for stats, but I am getting pretty worn out with this discussion.

[Inkie]

Polly Klaas' dad was on TV when the Van Dam story broke, an he said that, in most kidnappings of children (the ones that are not by parents absconding with them to other countires), the children are dead within two hours of abduction.

Poor, poor, terrified little girl. No punishment would be enough.

[spectre]

Intermission from the Roadshow...

I suspect the litle girls are developing at an earlier age because of all the "hormones" in the dairy products.

sw

[MizSterious]

You know, that's a possibility I wouldn't have considered. But yes, possibly, it could be so. In any event, I hope that's the case.

[scholar]

I suspect the litle girls are developing at an earlier age because of all the "hormones" in the dairy products.

Based on my previous knowledge and what I have read from recent scientific studies, I have no doubt about that.

[spectre]

It's true..you are right :~)

sw

[arthurus dot]

Doesn't seem like double jeopardy to me

To juries such actions often smack of double jeopardy.

[scholar]

I have many relatives who are farmers and raise cattle. They are appalled at the number of drugs that they are required to inject into these animals as soon as they are born.

[Luis Gonzalez]

The parents of an abducted child are normally asked to stay close to the home by the police, and handle any calls or anything that may come up.

Cops like to usually know where they are at all times while the active search is going on.

[willyone]

Reckless? In what way? They put their daughter to bed like millions of others do every night. How is that reckless. You blame the victim liberals should really get over to Dem Underground. As for the parents being swingers who said so? Rick Roberts who can't hold a talk show spot? Anyone can accuse anyone of anything. I sincerely hope that some day you find that out the hard way.

[Luis Gonzalez]

"The parents disgusting and immoral "lifestyle" is the reason why Danielle is missing."

KABOOM!!!!

There it is folks!

What's kept me angry all this time!

Yo! newbie!..... "For the children" is it?

You know what you are?

Johnny Cochran jury fodder!

That's what you are!

Danielle is missing because of some beast in the form of a man stole her in the night, most likely raped her, then murdered her and dumped her somewhere like a used-up condom.

And you just gave him a pass.

You want me to start playing the same guessing games that you all have been playing?

That was no "highly placed law enforcement officer" calling Rick Roberts (if there was ever such a call at all) that was Westerfield's attorney, setting up the defense.

He could pick any number of you in here for the jury.

[The Right Stuff]

I'm sorry, and I really didn't mean to be offensive. I am only going on my own (arguably limited) knowledge. The girl who went into puberty fastest in our kid's school was in the fifth grade (age 10, at least).

I'm sure there are wide variations. I only brought it up as a point which had already been argued.

[The Right Stuff]

It is a sick world, and I hope Westerfield is executed.

With that, I heartily concur. Anyone who steals innocence and a wholesome childhood from any child deserves to die.

In the most painful way possible.

[MizSterious]

When you put your kids to bed, do you make sure the doors are locked so no one can get in? Most parents do. The van Dams didn't. In fact, they knew the doors were open and that the alarm had been tripped, yet didn't check. That's abnormal and irresponsible. Perhaps criminally so.