Posted on 03/05/2002 8:04:09 PM PST by FresnoDA
Volunteers Monday removed a carload of flowers, stuffed animals, wreaths and photographs placed at the Dehesa Road site by hundreds of people who visited the location following last week's discovery (news - web sites) of the partially decomposed body.
"How dare they?" Cindy Moore of Spring Valley told the San Diego Union-Tribune.
Although Danielle's parents have requested that people remember their daughter at a Sabre Springs neighborhood park near their home, they did not request that the Dehesa Road memorial be taken down, a family spokesperson told the newspaper.
The van Dams requested Tuesday that any additional flowers and stuffed animals dropped off at the East County location be left in place, according to the Union-Tribune.
The volunteers who removed the memorial on Monday said they were acting on their own and that they had taken the mementos to the park in Sabre Springs, the newspaper reported.
"They didn't leave anything," said Moore's sister, Connie Munzer. "It's upsetting. It's not right."
Moore said that people have the right to grieve for the slain second-grader in a location of their own choosing and that Sabre Springs is a long drive from East County.
"Nothing will ever change that her body was dumped in this spot," Moore said. "There will never be a time that I come up here that I won't think of her."
Meanwhile, the 4th District Court of Appeal is still deciding whether to release search warrant affidavits of the investigation into David Westerfield.
Westerfield's lawyer, Steven Feldman, also filed another request for a gag order to provent investigators and prosecutors from talking to the media. His first request, made during Westerfield's arraignment last week, was put on hold. A hearing on the new request is scheduled for friday.
"Meanwhile, the 4th District Court of Appeal is still deciding whether to release search warrant affidavits of the investigation into David Westerfield.
Westerfield's lawyer, Steven Feldman, also filed another request for a gag order to provent investigators and prosecutors from talking to the media. His first request, made during Westerfield's arraignment last week, was put on hold. A hearing on the new request is scheduled for friday.
Interesting...
I'm a very dignified woman (at least I like to think so) BUT, if my daughter was stolen from me, you better believe dignity would not be my first thought when dealing with the so called perp.
Unless, of course, I knew more to the story...
Now, the police have already checked everyone that had been in the house that night, as well as the van Dams (we don't know everything that the police knows) and at this time , they are not suspects.
One last thing, Westerfield's lawyer wil, also need to explain away why DW didn't simply call the cops when he found Danielle's body. Before the blood got on his shirt, before his fingerprints got on her.
That is what reasonable people do when they find a dead body, they call the police and do not touch anything.
Westerfield acted like a guilty party acts, he dumped the body and tried to clean-up.
He's fried.
Liar
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Wow, when I first heard your comments, I was slightly hurt, and offended, but after reading your bio, I am honored to have your like rail against me.
God Bless You, analog!!!........FresnoDA
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Defense experts say the law is clear: once a suspect has a lawyer, police and prosecutors should not attempt to talk with the defendant without getting permission from the lawyer. Some say the incident could harm the case against Westerfield.
"It sends a lot of messages, in addition to laying the groundwork for potentially asking the court to dismiss the charges because of this outrageous governmental conduct," criminal defense specialist Kerry Steigerwalt said.
Wednesday, Police Captain Ron Newman told NBC 7/39 that two detectives did request to speak with Westerfield, but he apparently refused to talk with them and called his lawyer to report the attempted interview.
"I have confirmed that that did happen, Capt. Newman told NBC 7/39. I question the appropriateness of it. I'm sure the detectives felt that it was the appropriate thing to do, given the set of circumstances that they were under. But we will be handling that internally. So it's not something that we would normally do. In fact, we should not be doing it, frankly.
Another legal expert told NBC 7/39 that if police did not actually talk with Westerfield that day, there's little damage to the case against him.
That's a big: "Duh!"
(No offense to you, Fresno, but, gee, NBC it's a nonstory.
I guess the least little thing on this case is big news.)
Irrelevant. Luis was referring to the issue of criminal liability, not ability to recover on an insurance policy.
Here's what Luis actually wrote: "The case being tried is the murder of Danielle van Dam, not any criminal charges against the van Dams. Think about it for a second, even if you leave your car unlocked, with the keys in the ignition, the person who takes it gets arrested for theft.
Even if the van Dams are found to be negligent by not checking on Danielle, or even for inviting Westerfield into the house, the killer is still 100% responsible for the murder."
If you're debating whether the van Dams can recover on their daughter's life insurance policy, then your point is well taken. But if you're discussing criminal liability for car theft in Luis' hypothetical or murder in this case, then Luis' statements are correct. Auto theft and murder are crimes. Contributory negligence is a civil tort law concept and has no applicability to criminal law.
Mary who?
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