By Alex Roth
UNION-TRIBUNE STAFF WRITERFebruary 28, 2002 In the days after 7-year-old Danielle van Dam vanished, police searched a neighbor's house for child pornography, blood, Mickey Mouse earrings and any writings "relating to juvenile abduction," according to documents released yesterday. Investigators believe David Westerfield kidnapped the Sabre Springs girl with the intent to sexually assault her, law enforcement sources said. With this theory in mind, police scoured his property for evidence of his sexual proclivities, and for any trace of the girl, the documents reveal. At the urging of The San Diego Union-Tribune, a judge opened to public view yesterday parts of search warrants obtained by police investigating Danielle's disappearance. Other search-warrant material, including lists of what the police found and the justifications for the searches, remains sealed. However, the owner of a Poway dry-cleaning business said police seized clothing and bedding that the 50-year-old, self-employed engineer brought in two days after Danielle was reported missing Feb. 2. Many, if not all, of the items had been cleaned by the time police seized them from Twin Peak's Cleaners & Shirt Laundry. However, DNA tests identified Danielle's blood on one of the items – a jacket – a law enforcement source said yesterday. Investigators haven't ruled out the possibility that other items seized from the dry cleaner might still yield evidence, said the source, who like others confirmed details in this story on the condition of anonymity. Exactly what the investigators found in Westerfield's house, sport-utility vehicle, motor home and computer was kept sealed on orders of San Diego Superior Court Judge Cynthia Bashant. The judge said she was leaning toward opening much, if not all, of the information, along with affidavits outlining why police had probable cause to believe the searches would turn up evidence in Danielle's disappearance. Bashant said there were more than 100 pages in those documents and that she would rule Monday on what information should be made public. In a case that has garnered this much publicity, keeping such information sealed "leads to distrust of the system, and it leads to innuendo and rumor rather than actual fact," the judge said yesterday. The hearing before Bashant came hours before volunteers searching a rural area east of El Cajon found a body that authorities believe is Danielle's. The judge acted on a motion filed by the Union-Tribune, which sought to unseal the documents, citing California law and the First Amendment. She gave Westerfield's attorney until tomorrow to argue why the documents, or portions of them, should remain sealed. During the hearing, defense attorney Steven Feldman expressed concern that releasing such information might affect his client's right to a fair trial. "We don't want this case tried in the press," he told the judge. Bashant said she might keep secret some of the exhibits in the documents. A law enforcement source later said at least some of those exhibits are pornographic images of minors apparently found on Westerfield's computer. Westerfield, a twice-divorced father of two grown children who has no known criminal record aside from a drunken-driving conviction, pleaded not guilty Tuesday to charges of kidnapping and killing Danielle. The girl's parents have described him as a neighborhood acquaintance. Westerfield is also charged with misdemeanor possession of pornography depicting minors engaging in sex acts. He could face the death penalty if convicted of the most serious charges, although prosecutors haven't yet decided whether to seek it. The documents the judge did unseal showed exactly what police searched in the days and weeks after Danielle's disappearance. The documents reveal that police obtained warrants to search Westerfield's Mountain Pass Drive home, two doors from the van Dams. They also searched his sport-utility vehicle, motor home and computer. They obtained a search warrant for the dry-cleaning store and for Westerfield's cell-phone records from 9 p.m. Feb. 1, the day Danielle was last seen, to 5 p.m. Feb. 4. Westerfield told police he drove his motor home to the desert Feb. 2. Danielle was reported missing that morning. Westerfield said he returned home on the morning of Feb. 4. Police later learned that Westerfield drove his motor home to Silver Strand State Beach near Coronado that Saturday before heading out to the Imperial County sand dunes. The unsealed documents also reveal that police placed a trace on the home phone of Danielle's parents to monitor incoming calls. Police obtained warrants to search Westerfield's house Feb. 5 and Feb. 13. The warrants, signed by Bashant, gave them permission to seize any of the following items that might be found inside the house: Blood, children's pajamas, Mickey Mouse earrings, leather or rope necklaces or collars, videotapes, diaries or letters "relating to juvenile abduction," any publications "which tend to demonstrate a particular sex and age preference of juveniles," and numerous other items. One of those warrants gave police authority to take samples known as "tape lifts" from all footwear on Westerfield's premises. On Feb. 7, five days after Danielle was reported missing, the judge signed a warrant authorizing police to search Twin Peak's Cleaners & Shirt Laundry on Pomerado Road. The owner, Sung Choi, said yesterday that Westerfield showed up Feb. 4 – the Monday after Danielle's disappearance – with two pillowcases, a comforter, a comforter cover and a casual jacket. Barefoot and wearing a short-sleeved shirt and shorts, Westerfield told the employee who helped him he had just returned from the desert, the owner said. Westerfield was a regular customer of the establishment, where a photo of Danielle is posted in the window. Later that afternoon, Westerfield came back with a pair of pants, a sweater and a shirt, asking if he could get same-day cleaning service, Choi said. Employees told him it was too late in the day. Choi said they didn't notice any blood on the clothing or bedding, and that Westerfield didn't ask for any stains to be removed. Before Westerfield could pick up the clothes, police came by with a search warrant. "Whatever he dropped off, they took," Choi said. Choi said most, if not all, of the items had been cleaned by the time police arrived. A law enforcement source confirmed that. |
POSITIVE IDENTIFICATION ON GIRL'S BODY FOUND IN DEHESA EXPECTED TODAY