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.

[js1138]

I've mad lots of errors, including losing track of my son in the mall. My kids are adults now, but when they were kids, I never went to bed without being sure they were home.

The real question about the VDs is not whether they had bad luck during a momentary lapse of judgement, but whether they were frequently out of the home or locked away in the garage. (Had they, for exmple, made any provision for handling a fire in the main part of the house. And what about illness? Seven year olds are prone to wake up in the middle of the night with coughs, sore throats, etc.)

Parents usually give up some of their freedom and privacy when they become parents.

I understand your concern, however, and will withhold judgement of these particular people until I hear more. And I would never excuse the perp in any way, even if the parents turn out to be consistently neglectful. No on is responsible for another adult's actions. But I think parents who hear about this will tend to be more careful.

[Luis Gonzalez]

"I understand your concern, however, and will withhold judgement of these particular people until I hear more. And I would never excuse the perp in any way, even if the parents turn out to be consistently neglectful. No on is responsible for another adult's actions. But I think parents who hear about this will tend to be more careful."

The adults are back in charge!

Thank you so much for an intelligent and compassionate response.

[The Right Stuff]

I think the real question is: Is the Van Dam's alleged lifestyle a proven fact, or innuendo and rumor started by this Rick Roberts guy for some unknown reason.

The NewsWeak article only highlights Robert's allegations, and Thyme parrots NewsWeak.

The alleged condemning "no comment" quotes posted from various interviews....I didn't see any of these, but I will assume that they could be easily verified so I shall assume that they are true.

The "no comments" are troubling, but not proof positive of a "guilty" lifestyle.

I think, likewise, that we are all horrified by whatever happened to this poor little girl and would like to see the perp properly punished, i.e. laden with heavy chain and sunk slowly off the Santa Monica pier.

However, if the VDs were preoccupied with themselves and their buddies to the extent that they were not focused on their kids and their safety, I think they probably would share some of the blame. This, however, remains unproved.

[Bigg Red]

Even wild animals defend their young.

You are so right. It breaks my heart to see the horrors that are visited upon children sometimes by their own parents. And then there are people who would give those children a wonderful life but who are unable to conceive or bear their own children. So sad.....

[MizSterious]

And how much are the van Dams and their swingers group paying you to represent them favorably on Free Republic? Seems like a fair question. Your posts, to some, seem as much like SPAM as FresnoDA's might seem to you. And at least he isn't resorting to name calling (see post #172 for a prime example)--which I always understood were not allowed here. Or don't you care about JimRob's rules? Or maybe you're trying to get yet another thread pulled, because opinions aren't quite going your way?

[Luis Gonzalez]

So, Mrs. van Dam was at a bar with some friends, some guy who don't know them from jack wants to take their kids, and a schedule of the Adams family Holidays?

And...?

We know these things! I want proof to all the crap you have been SPAMMING from your boss's website.

I want to see where your proof to the orgy at the garage that Saturday night is, not an unsubstantiated rumour...PROOF!

[Bigg Red]

My sister puts a dream-catcher by my bed so I won't be scared,"

What, DA? You expected some religious symbol? You are so uncool! Maybe we could learn how to chant for this child.

[Luis Gonzalez]

I guess you are quite comfortable when the name-calling is aimed at those who couldn't possibly defend themselves, a little more than cowardly, wouldn't you say? And the opinions seem to be turning away from your "bash the victims" party, or so it seems to me...BTW, I am not the one calling for posts to be pulled, nor am I the one calling on JimRob.

My motive?

Why! Thank you for asking!

My motive is to separate truth from SPAM, I seem to be doing quite well at it.

[demsux]

Interesting info there, Fresno. The swinging lifestyle could very easily be connected to occult beliefs. I had a friend that "committed suicide" by slashing himself to death (seven slash wounds), then cleaning up his body, leaving the kitchen and lying on his bed to die. Some guy contacted the family of my friend and told them that he was killed in some ritual by some people involved in "numerology and satanism"...police did not want to be bothered with this information and called it "suicide".

[MizSterious]

In your dreams. The lack of civility in this thread is astounding, but it only got that way after you got here. No one else is calling names or yelling at other Freepers. You somehow seem incapable of disagreeing unless you can flame someone in the process.

[FresnoDA]

Loois, please, take a deep breath.  Spamming??  My Boss, Rick Roberts??  LOL

There have been dozens of post regarding the Van Dam"ed" event from February 2, 2002.  There have been lots of post, lots of theories, and lots of speculation.  Some of which has been based upon the allegations about the VD's alternative lifestyle.

The main reason the alternative lifestyle remains a thorn for many is that IF it is correct, the VD's exposed not only their daughter, but there 2 sons to danger by allowing numerous strangers access to their home.

Many Freepers have followed this event from the beginning.  We have watched the interviews, the Larry King event, where Brenda asked off camera, "who helped the Ramsey's with their book deal?"  These are all strange things to some of us Loois, why not you?

As for the SWING SET lifestyle, the VD's have been directly asked, "Do you engage in wife-swapping? On Fox news, Larry King, and local San Diego shows.  Yeah, Rick Roberts asked it, so did KOGO, and KFI Los Angeles, John and Ken.  On ALL OF THOSE OCCASIONS, the VD's Never Once said, that is not true, that is a lie.  There response was always evasive, or no response.

So rant away, and have a cow......or move along Loois!

[Luis Gonzalez]

So you work for Rick Roberts.

On several occassions I have asked that direct question, you have failed to deny that fact or have given an evasive answer.

What does he pay you?

My problem with you is your failure to admit that what you have been passig off as facts, are unfounded rumours.

Why can't you admit that?

I don't know that the van Dams are swingers, if they are, I condemn the sin, and I pray for them as sinners so that they may see the light.

Can you?

[MizSterious]

Later reports have said the dog could bark but that he didn't bark very often. Still, a large dog like that should have reacted to a stranger prowling through the house, it seems. Unless Westerfield wasn't a stranger. The van Dams have not always been straightforward about the events of that night, so it could be that more is yet to be told.

[MizSterious]

Foul the jury pool? You need to adjust your tinfoil hat: your signals from Outer Space Command have evidently gotten garbled. I've seen some farfetched theories on here before, but this one truly belongs in the same group with the hollow earth theory and little green men from Mars.

[Valpal1]

However, if the VDs were preoccupied with themselves and their buddies to the extent that they were not focused on their kids and their safety, I think they probably would share some of the blame.

However, if the people in the WTC were preoccupied with themselves and their buddies to the extent that they were not focused on the Palestinians and oppression of Islam by the U.S. Troops stationed in Saudi Arabia, I think they probably would share some of the blame.

So far there has been only rumor and innuendo, near as I can tell created almost single handedly by schlock jock Rick Roberts. The LEO's have investigated, arrested and charged a neighbor with kidnap and murder base on DNA, blood and other evidence. Yet the parents share some of the blame for the heinous acts of a pervert?!

Will some one please explain to me the circumstances under which a pervert criminal (or terrorist) shoulders the full burden of responsibility for their acts?

[unsycophant]

When you say 'call names' or mention being uncivil, what do you mean exactly? Something besides calling Luis "Loois", for example?

Like it or not, Luis is right to point out that FR has been spammed with this junk for a couple of weeks now, and it is almost exclusively originating from the same single source. Citing rumor and innuendo as 'fact' is just not acceptable beyond a certain point, and that is what seems to be happening.

If you think that it is acceptable for someone to use Free Republic to create controversy (to possibly promote their CAREER) based on nothing more than vile and nasty rumors, then it is your choice to support them. Not everybody will, and you can't get mad because some are questioning whether this is happening.