[FresnoDA]

Defense appeals release of documents in missing girl case

ASSOCIATED PRESS

March 4, 2002

SAN DIEGO – A judge agreed Monday to release search warrant documents filed in the case of the abduction and death of a 7-year-old Danielle van Dam but the order was stayed pending a defense appeal.

San Diego County Superior Court Judge Cynthia Bashant ordered the documents unsealed except for material that is sexually explicit or would be inadmissible in the trial of David Westerfield, 50, the neighbor accused of kidnapping and murdering the San Diego girl.

The judge's decision came in response to a request filed by an attorney for The San Diego Union-Tribune. Media are interested in the documents because they are expected to provide additional details about Westerfield and why he fell under suspicion shortly after Danielle's disappearance.

Danielle was reported missing on Feb. 2 and became the subject of an intense search effort involving thousands of volunteers. Her body was found last week in an oak grove off a rural road east of the city of El Cajon.

Westerfield, who lives two doors from the van Dams, has pleaded innocent to murder, kidnapping and child pornography charges. His attorney, Steven Feldman, has sought to block the release of the affidavits for warrants to search Westerfield's home and vehicles.

It was not immediately known when the state appellate court would rule on Feldman's request.

[MizSterious]

Just out of curiosity, what do you think is the reasoning behind this? To me, it looks like the evidence is so damning that they don't want the media and public talking about it. But then, I'm not an attorney.