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.

[Mrs.Liberty]

I don't think they have specified yet whether it is her hair. A hair with root was found in his shower, and the hair was not his.
That, as far as I know, has been the only official announcement on the hair in the shower.

[wimpycat]

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

If they found blood in large enough quantities, that could be enough to convince me that she's dead, at least. I've seen several different cases on the "New Detectives" (Discovery Channel) where blood was found (thanks to good old Luminol) in large enough quantities that experts were convinced that no one could have survived losing that much blood.

If I were a juror, and the evidence shows he was in her bedroom, and there were large quantities of blood found in his camper, it wouldn't take much for me to convict him of murder, without a body. The threshold is "beyond a reasonable doubt". Barring a house fire, a middle-aged neighbor breaking into a 7-year old girl's bedroom is up to no good. No reasonable person would argue with that.

[Mrs.Liberty]

Can't seem to get past the total lack of real concern on the part of the parents to the alarm light

I SOO Agree! In fact, when we heard of the disappearance on the late night local news the day she was reported missing,
I turned to my husband and said: What the hell kind of parent isn't going to check on the kids if the DOOR IS OPEN and the ALARM IS BLINKING?

[Amore]

But you guys left out the best part. What Mr. Smart Guy Capano didn't figure on was that the ice chest wouldn't sink, it floated, so he tried to rectify that by shooting it full of bullet holes. That didn't work either. Finally, he dumped her body out of the cooler. A fisherman later came along, liked the fancy cooler, figured he could patch the cooler and use it as a back-up. Eventually, he heard the story about the cooler (in the media, who got it from the brother who squealed) and the fisherman was able to come forward and provide the cooler. That made a huge difference, and corroborated the brother's story (since brother had a dicey past, corroboration was very needed.

[Amore]

Thanks for the clarification on the hair. BTW, if anyone reads the original threads on this (and your post was probably one of them) that's what everyone was saying: What the heck kind of parent sees the alarm triggered and doesn't go check?! It seemed crazy & negligent then, and it seems crazy & negligent now.

[FresnoDA]

Regarding the additional evidence found in the girl's room, we know it is not blood, and it is not hair. That leaves traceable/detectable "other" bodily fluids, presumably semen! Will search for the articles confirming that statement!

[ethical]

I am wondering how Westerfield knew where the childs bedroom was. The father was there and awake to the wee hours of the morning. Did he know where her room was because he had engaged in swinging with the parents? Had they engaged in that activity that night together? It does seem like there are some gaping holes. I wonder if he appears so calm because he knows the parents are involved and their involvement was primary, his secondary?

[apollo11]

I believe you are referring to the case of Thomas Capano, who was a prominent Wilmington, DE attorney. He murdered his former girlfriend, Anne-Marie Fahey, and dumped her body (in a coller) off the Delaware coast into the Atlantic ocean. The body was never recovered (although the cooler eventually was found by fisherman), but he was nonetheless convicted of 1st degree murder and sentenced to death.

I believe he was convicted on the testimony of his own brother, who was on the boat and said that after the cooler floated, Capano shot it full of wholes to get it to sink, but it fell open and the brother saw a human foot going down into the water.

In an even stranger twist, they were able to match blood from Capano's house to Fahey's blood because she had donated blood a few days before her murder--they had to literally stop a ship heading to Europe with the plasma on board.

[spectre]

Westerfield is a brilliant inventor with several patents in the Medical technology field.

I came across what the patents were for, but can't find the information again. His patent inventions improve the quality of certain people's lives...sort of like a prosthetic.

He probably has more money than the high-rolling Van Dams ever thought they could have.

Westerfield is a self-employed Engineer who worked out of his home. He seemed to enjoy financial independence due to his inventions.

sw

[Tennessee_Bob]

Just found out how close this hit to home. Turns out that this is just down the block from where my aunt and uncle used to live, and that Westerfield was a patient of my cousin out there.

[Luis Gonzalez]

You know, you are vermin.

IF the van Dams had sued Rick Roberts, you would have been in here screaming that they concern themselves more with their public image than with the life of their daughter.

You are to FR what the National Enquirer is to journalism.

Rick Roberts is a vermin as well. He can't be sued, because he simply hides behind the "Hey! Someone told me! I was just repeating what information I was given!" mediawhore argument.

Meanwhile, the few people that I AM sure have used Danielle van Dam, are you, and those scumbag discjockeys, if Westerfield is convicted, we can add his name to that list.

If you, or anyone else has PROOF of negligence by the van Dams turn it in to the police.

If you or anyone has the testimony OF ONE NEIGHBOR, OR ANYONE AT ALL corraborating the rumours that weird stuff (orgies) went on in that house, turn it in to the police.

If any one of you have any PROOF of any of this crap that you have been passing of as facts, turn it in to the police.

It's your moral duty, as it is that "highly placed law enforcement officer's" duty to investigate those allegations, and take action accordingly.

But the authorities have not, so I guess that by applying the same logic that you use, the allegations are false.

The van Dams just had a child kidnapped and murdered. They had a child stolen from the bed she sleeps in and murdered, that's the most horrifying thing that I can imagine happening to any parent, let alone to a little child.

You, and way too many other FReepers, have been having a blast with this.

It's been like watching vampires feed.

Disgusting.

[apollo11]

Actually he was not the AG--but had served as a deputy AG before going into private practice.

Another fascinating piece of evidence is the fact that the police originally suspected the (at that time) Governor, Tom Carper. Fahey worked as his scheduling secretary and her diary was full of references to "T.C." and her affair with him. Carper was cleared of suspicion quickly, but it's interesting that the family and police leapt to that conclusion so quickly.

[Mrs.Liberty]

This was asked of the VD's by LA talk radio hosts John and Ken. Mrs. VD got her knickers in a bunch about the ? and practically shouted back at them that ANYONE could have gone through the models of the homes and known the layout of the house. The ? still remains, how did he manage to get into the house and KNOW that was the girl's room w/o making a sound, unless he knew the VD's were too busy doping and screwing in the garage to notice.

[rolling_stone]

If I recall right, the police removed and took the closet doors from the girls room....

[apollo11]

Luis, calm down!

I, too, find it very strange that the Van Damms have not taken the opportunity to explicitly and vociferiously deny these accusations. Fact is, that even if you allow that the alleged behavior isn't criminal, it is certainly arguable that if it took place, the parent's conduct may have created a situation that put their children in the path of someone who meant them harm.

No one is suggesting that their grief isn't real, or that they in any way intended for this to happen, but can't you at least allow for the possibility that since they aren't denying the activity, they are in some way responsible? Aren't parents to be held accountable for their actions--particularly if these actions put others at risk?

[freedomlover]

No time to link now but here

http://www.crimelibrary.com/classics5/capano/3.htm

is the link to the cooler murder guy.

Seeyabye

[SLB]

The DA office needs to move carefully. There was a case in Louisville invovling a Mel Ignato who dated a girl named Brenda ?Sue Shaeffer. She was reported as missing and he was the prime suspect. There was a witness, but reliablity was questionable at best. The trial was moved because of the pre-trial publicity and he was acquitted of the murder. Due in part I feel to the judge threatening to keep the jury sequestered in a motel over Christmas. Anyway, a couple of years later a carpet layer was installing carpet in the house Ignato used to live in and guess what - pictures of Brenda being sodomized and brutally strangled were found in a heating duct. He thought they were unable to link to him, but pictures of his gentilia were compared to those of the male in the pictures and they matched. However, he could not be charged with murder again. He was charged with lying to the FBI and served 5 years. He is no waiting trial on state charges of lying to the local police. Sad but true, he got away with murder.

BTW, I work with Brenda's younger brother.

[spectre]

Gee, Luis, you seem to be taking it harder than the Van Dams are?

Brenda and David were players, they did not deny it.

No one is saying Westerfield isn't guilty, I'll accept that... just saying that the VD's were not your average suburban couple that evening.

Brenda VD is a slut. Deal with it.

sw