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Murder Charge Likely In Missing-Girl Investigation (Danielle van Dam)
Union Tribune ^ | February 25, 2002 | J. Harry Jones

Posted on 02/25/2002 7:35:42 AM PST by 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.



TOPICS: Breaking News; Crime/Corruption; News/Current Events
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To: Luis Gonzalez
Forget your meds tonight, eh, Luis?
161 posted on 02/25/2002 6:51:29 PM PST by MizSterious
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To: willyone; ValPal1; LWalk18;
from the North County Times (San Diego)
FOR THE WEEK OF JULY 28 -- AUGUST 3, 2000

Randy Dotinga/STATIC column

KOGO strikes gold with Padres on air

They say talk is cheap. But combine it with some baseball, and talk can be priceless.

That's the lesson to be learned from the latest radio ratings. KOGO ---- whose programming runs the gamut from right wing to left field ---- is in first place.

This is the first time an AM station has reached the top spot since 1993, said Cliff Albert, KOGO's program director.

The station is doing well "even with a baseball team that hasn't been performing as well as we'd like it to," Albert said.

In other words, the Padres stink but people still listen.

Close on KOGO's tail were Channel 93.3, the bubble-gum fave of teen-agers, and alternative rocker 91X.

The Arbitron ratings come out four times a year, and the latest edition ---- known as "the book" in radioland ---- covers April, May and June. Ratings are vital to the success of radio stations, which use them to decide how much to charge advertisers for commercials.

North County's Sets 102.1, the classic/alternative rock station, wound up in 17th place, impressively tying its rival, The Planet 103.7. Sets also recently made the list of the 25 most listened-to stations in the nation on the Internet.

Star 100.7's "Jeff & Jer" returned to its spot at first place in the morning, while KGB's "Dave, Shelly & Chainsaw" dipped from first to third place. Rock 105.3's Howard Stern rose to second.

Also popular in the morning were KOGO (news) and Jammin' Z90 (hip-hop).

The morning is the most important part of the day in radio because that's when the most people tune in ---- about 1.9 million of the county's 2.4 million people older than 12.

From 10 a.m.-3 p.m., a dynamic duo ruled the airwaves: Rush Limbaugh and that lady on the broomstick (Dr. Laura) brought KOGO to first place. The soft music of KIFM and KyXy ---- popular as background sound in workplaces ---- came in second and third place, respectively.

And from 3-7 p.m., when kids come home from school, the youngsters ruled the ratings roost. Jammin' Z90 was on top, followed by Channel 93.3, 91X and KOGO.

Pity poor Rick Roberts. His fans weren't able to find him at his new home, KFMB-AM, where he landed before the baseball season began.

The former KOGO talk-show host, known for his frequent appearances on local and national TV, was in 23rd place during his time slot, according to a radio insider.

Roberts' archrival, the eternally irritating Roger Hedgecock, was sitting pretty in fourth place, although KOGO's ratings in his time period could have been boosted by baseball games that start early.

Here are the top 16 stations as reported by Arbitron. They are ranked by the average percentage of listeners ---- age 12 and up ---- who tune in at any one time.

162 posted on 02/25/2002 6:52:38 PM PST by Luis Gonzalez
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To: golitely
Nah...just watch what happens.
163 posted on 02/25/2002 6:53:34 PM PST by Luis Gonzalez
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To: Luis Gonzalez
Luis, buddy!

The "lady on the broomstick?" Please tell me this is an unbiased report.

And, you know that I stand with you on the unproved allegation clause!

164 posted on 02/25/2002 6:55:25 PM PST by The Right Stuff
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To: golitely
Kids had been in bed for hours, Mrs. Van Dam came home with the friends that she had spent the evening with, and a couple of more friends they met while dancing.

They ate pizza, everyone went home.

Now, I entertain on a regular basis at home, after the kids go to bed.

We play cards, some times even Pictionary with neighbors and friends.

Some of them smoke.

There have been several occassions when I have found a door left unlocked after one, or several of our friends stepped out back to grab a quick smoke.

The van Dams made an error, not a big error, most people can assume the reasonable expectation that, having put the kids to sleep, and at least ONE parent having been home all night, they will be there the next morning.

Why didn't they check? I don't know? I am sure that no one is feeling worse about it than the van Dams are right now.

What does that make them?

It makes them human.

165 posted on 02/25/2002 7:01:06 PM PST by Luis Gonzalez
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To: The Right Stuff
Hey!

That's based on Arbitron ratings.

I want to put FresnoDA's employer, Mr. Rick Roberts, under a microscpoe for a little while, and see how he holds up.

willyone sparked the idea.

166 posted on 02/25/2002 7:03:54 PM PST by Luis Gonzalez
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To: FresnoDA
Hmmmm.....San Diego LE is moving very quickly.....is there a need to keep the Van Damned out of consideration in this matter???? How wide is the net Brenda cast for players in their SWING SET???

Why are you so determined to exagerate the information. You're really getting ridiculous with you distortions.

167 posted on 02/25/2002 7:07:38 PM PST by FreeLibertarian
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To: Luis Gonzalez
Good idea, Luis.
168 posted on 02/25/2002 7:08:55 PM PST by The Right Stuff
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To: merry10
Yeah you can gauge the floor plans but they had 3 kids, floor plans don't tell you which kid got what room.
169 posted on 02/25/2002 7:12:40 PM PST by ethical
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To: js1138
and leaving a seven year old unsupervised for most of a day.

Where has it been said that the child was left unsupervised for most of a day? From what I have read the child was placed in bed at the normal time but the parents became concerned when the child didn't come down by 9:00 AM. In my experience this would not be abnormal for most children, 9:00 AM would be a little late but this depends on the child. Obviously the parents had the same thought.

170 posted on 02/25/2002 7:24:06 PM PST by FreeLibertarian
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To: The Right Stuff
I found this interview with Rick Roberts, it's actually part of his home page, the question were all pretty bland, except for this unusual one:

SDR: KOGO had you in afternoon drive, evenings, and all over the schedule. Why the moves?

Rick Roberts: They had me in five time slots in two years. There were contractual obligations to air Dr. Laura live, and that changed the schedule.

Five time slots in two years?

It was a long time ago, but I was in radio once, and you don't move a succesful DJ around like that, you move one that can't get an audience around like that.

"Contractual obligations to air Dr. Laura"....BS! OK, maybe once, but they sure as hell didn't move Dr. Laura's slot five times.

171 posted on 02/25/2002 7:27:32 PM PST by Luis Gonzalez
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Comment #172 Removed by Moderator

To: 4ourprogeny
And rightly so. The parents disgusting and immoral "lifestyle" is the reason why Danielle is missing.

Where is your proof? Are you saying that the child would not have been abducted if the parents had been in bed asleep instead of in the party room/garage(if they were, so far no facts have been proven)?

173 posted on 02/25/2002 7:39:31 PM PST by FreeLibertarian
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To: Luis Gonzalez
It's like someone turned the lights on in the pantry in the middle of the night.

The roaches seem to have gone back to their nests.

LOL

There are a couple of items I am curious about?

How did the perp know the following;

The alarm system wouldn't be "armed". Was it in monitor only mode?

The dog couldn't bark.

My best guess is that Westerfield went the girl's room to molest her while she slept, he might even have done it before, but something went wrong, maybe she woke. He paniced and carried her to his house or motor home, it just got worse from there.

174 posted on 02/25/2002 7:58:06 PM PST by FreeLibertarian
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To: spectre
"I'd like to know why Gary Condit is still walking free?"
Me, too.

"There IS evidence to link him to a "motive" in Chandra Levy's disappearance and the subsequent covering up of his association with her, i.e., dumping the watch box. Condit WAS acting "weird". Condit should be behind bars too."
I totally agree with you on this. Perhaps someone can point this out to an "interested party". Thank you for pointing this out, spectre. This angle needs to be shouted from the housetops, and presented to the Levy's attorney, dontcha think?

"The Levy's must be silently groaning in disbelief."
Quite likely, but if they're smart they'll make a stink and draw more attention to their case, using the same reasoning as in this Van Damm case.

175 posted on 02/25/2002 8:07:06 PM PST by JusticeLives
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To: FreeLibertarian;Luis Gonzalez
"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."

succesfully = successfully

Dearest Luis,

The next time you wish to nominate Damon and Brenda van Dam, remember that it is their alternative lifestyle which quite possibly contributed to the events which are unfolding in San Diego.  And by the way, if they are the parents of children, then would not this apply to them?

par·ent   Pronunciation Key  (pâraltaltnt, paltralt-)
n.
  1. One who begets, gives birth to, or nurtures and raises a child; a father or mother.
  2. An ancestor; a progenitor.
  3. An organism that produces or generates offspring.
  4. A guardian; a protector.
  5. A parent company.
  6. A source or cause; an origin: Despair is the parent of rebellion.

It is the lack of meeting these simple criteria which has some members of the open forum disturbed.  Your blustering and badgering efforts only serve to cause distraction to the moderators, as well as those who wish to engage in a spirited, yet rational, debate.  As for "the roaches going back to their nests" such is the life of the gainfully employed.  Were it not for people like us, where pray tell would you find life's sustenance???

FresnoDA


176 posted on 02/25/2002 8:47:04 PM PST by FresnoDA
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To: FreeLibertarian
Most people do not arm a security system until they go to sleep, specially people who are entertaining. Half the people I now don't arm it while they sleep either.

It appears that Westerfield is the guy, if that's the case, then everything else becomes simple.

He more than likely know where Danielle's bedroom was from asking her, knew their dog couldn't bark from personal observations.

I used to have a neighbor who did something very similar to what the van Dams have allegedly done to their garage.

This guy LOVED music, loud and from about 1968 to today.

He was in his mid forties when I moved in two doors down and was putting the finishing touches on hios "play room". Big, expensive sound system, wall mounted television/VCR combo (ran the cable in from the house), sofa, love seat, end tables, poker table, dart board, black lights.

Kept the whole thing locked so the kids wouldn't mess with his stereo, did some sound-proofing so he could sit out there at night, and hang out w/out worrying about the neighbors bitching. Sometimes there would be a bunch of us in there on a late Saturday night.

Westerfield probably simply watched Mrs. van Dam and her friends make plans, and head out. May have even heard that they were all headed back to the van Dam's.

Everyone in my old neighborhood knew what went on in my old neighbor's garage late weekend nights.

If in fact, the van Dam garage was used in similar fashion, or a more "sinister" one, Westerfield knew this.

And he guessed that they woul "hang out" in the garage for a while, doing whatever.

He had his window of opportunity.

Now, I don't know what the van Dams were doing in their garage (or if they were even in the garage to begin with) that night, it should be irrelevant, but I bet you that it's going to come up in Westerfield's trial because this "shift the blame to the parents" charge that Rick Roberts and FresnoDA are spearheading must the core of the Westerfield defense if in fact he is guilty.

Attack the parent's morals, and shift blame in the eye of petential jurors away from himself, the guilty party.

Look back over the thread. Even after Danielle's blood has been found in Westerfield's van, and kiddie porn in his house, there are peopole in here who continue to believe his statements over those of the parent's.

Like I said, Johnny Cochran jury fodder.

177 posted on 02/25/2002 8:52:05 PM PST by Luis Gonzalez
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To: FresnoDA
How much is Rick Roberts paying you?

What proof of their lifestyle can you supply...other than the crap you've been SPAMMING from Rick's home page?

178 posted on 02/25/2002 8:53:57 PM PST by Luis Gonzalez
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To: Luis Gonzalez
Makes sense to me but I couldn't tell you if my neighbors even have an alarm system. The rest of it could easily have been overheard at the bar. Maybe he didn't even know they had an alarm.

You may be correct about the posters trying to foul the jury pool.

179 posted on 02/25/2002 9:00:37 PM PST by FreeLibertarian
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To: FresnoDA
No matter how you try to distort the truth there is no evidence that the parents did anything abnormal or neglectful toward the children. In fact there is only gossip from an unreliable source that the parents did anything abnormal at all.

Why don't you stick to the facts instead of the gossip.

180 posted on 02/25/2002 9:07:24 PM PST by FreeLibertarian
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