SDPD Takes Heat For Attempt At Interview: Contact with Westerfield called shocking(van Dam suspect)

Union Tribune ^ | March 8, 2002 | Greg Moran

[FresnoDA]

SDPD will have a lot of e'splaining to do on this one.....

[FresnoDA]

Ping....)))))

[VikingsRazeAVillage]

Ain't THAT a "Homer 'DOH!!' "??!!!!

[San Jacinto]

Westerfield turned them away, and did not speak with the dectectives. So it is "no harm, no foul." The cops get reprimanded, suspended, fired, or whatever, under an internal investigation, but there should be no effect on the case against Westerfield.

If Westerfield had been really, really smart, he would have talked to the cops for a few hours, confessed to the crime,directed the cops to some damning evidence, and THEN called his lawyer and said "These guys came in here and threatened me."(Of course, I am here assuming his guilt.) The court would have to supress any evidene that could be linked in any way to the illegal interview.

[FresnoDA]

FELDMAN CALLS JAILHOUSE VISIT OUTRAGEOUS

( 03-08-2002 ) - Attorneys for the man charged with Danielle van Dam's death are heading to court Friday morning.

David Westerfield's attorney Steven Feldman is again asking the judge to issue a gag order in the case.

Feldman originally made the request during Westerfield's arraignment, but the judge said it was too early to make such a call.

The defense argues a gag order is needed for a fair trial.

Meanwhile, Westerfield got a jailhouse visit from two detectives, and it's causing a lot of trouble.

The visit was neither authorized nor ethical according to legal experts.

In a six-page motion filed by defense attorney Steven Feldman, he accuses the two San Diego detectives of "outrageous, impermissible conduct."

"Let the case be tried in the courtroom not on the streets of San Diego," said Feldman to a crowd of media outside Westerfield's February 26 arraignment.

Last week Feldman criticized the media, saying that all the news coverage would hurt his client's chance at a fair trial. Now, Feldman is attacking the cops, and it appears he has every right to do so.

San Diego police admit two of their detectives tried to visit David Westerfield in jail without asking for Feldman's permission. In fact they didn't even ask prosecutors if it was okay.

"It's a clear violation of the United States constitution," said Defense Attorney Bill Nimmo.

Bill Nimmo is a well-known defense attorney in San Diego. He's not involved in the Westerfield case, but he feels police blew it.

"Whether their mistake was a rookie mistake or whether it was some calculated intent we don't know but it was certainly wrong and it is going to come back to haunt them the law enforcement end of this at the trial stage."

In a written statement, Captain Ron Newman, the man in charge of the detectives on the case said, "It did happen. It is inappropriate once someone is represented to make contact with him. We will have no further comment and it is something we have handled internally."

Police admit they messed up, but they say their detectives didn't even talk to Westerfield. Meaning the slip up won't effect the strength of their case.

Nevertheless, Feldman is taking a whack at their credibility. He demands the courts "prohibit further outrageous governmental misconduct."

David Westerfield is scheduled to be back in court Monday, March 11 for a preliminary hearing. >

[FresnoDA]

San Diego police admit two of their detectives tried to visit David Westerfield in jail without asking for Feldman's permission. In fact they didn't even ask prosecutors if it was okay.

Hmmm...wonder if these two detectives have ever stopped for burgers and fries at Dad's Cafe?  Let's hope there is a closer look, to see if they have been to any late night pizza parties in Poway??

[MarkWar]

>If Westerfield had been really, really smart, he would have talked to the cops for a few hours...

In some stories of past cases involving pedophiles, especially where there are allegations of organized kiddie sex activity, I've read that there are rumors of contacts and info leaks from within local police forces.

Could this be the way "fellow travelers" in that world give each other a hand (so to speak). That is, some guy gets caught, but one or two cops who might share his proclivities will happen to have a "lapse of judgement" which is just a blot on their record, but could cause a serious flaw in the case against the guy on trial?

It would be interesting for some talented private investigator to reconnoiter the homes of those two cops who had made the gaffe and see if they had any material similar to what was found at Westerfield's house...

Mark W.

[Freedom2specul8]

Can you spell... *ignorant!*

I can't imagine what those two clowns were thinking. Maybe since the guy has a 'desertion charge against him, they consider him convicted/sentenced hands down?

[Freedom2specul8]

"Let the case be tried in the courtroom not on the streets of San Diego," said Feldman to a crowd of media outside (on the streets of san diego) Westerfield's February 26 arraignment.

[Canticle_of_Deborah]

I was thinking along the same lines. They couldn't be screwing up this case more if they tried. Are they trying?

[spectre]

Maybe Feldman wants a "gag order" so the "third party" will stay in the dark concerning the "evidence" that may lead to DW's innocence?

sw

[SlickWillard]

SDPD will have a lot of e'splaining to do on this one.....

It seems to me that this jibes almost perfectly with your theory that there is more to this case than meets the eye. From all the reports we've seen [Danielle's blood in Westerfield's motor home, child porn on Westerfield's computer, Westerfield's inability to account for his whereabouts beginning at exactly the time - 9:30AM Friday morning - that the Van Dams discovered Danielle missing], the SDPD and the DA have more than enough evidence to nail Westerfield. The only possible reason these detectives would want to re-interview Westerfield is that they don't believe he's the perp - or that they suspect that he was not working alone.

[hsmomx3]

I wonder that myself!! And I wonder if some of these cops were ever participants in the garage trysts.

[rolling_stone]

What these cops did was undermine the case, showing a prejudice against the defendant..and lack of impartiality and disregard for the law..the credibility of evidence they collected will be brought up, a defense attorney will chew them up and spit them out, if they did something this stupid could they have done something else???..it IMO it is worse than bonehead...looks like one of the cowboys has been in the rodeo before...

I am curious about the desertion charge, which I can only speculate wildly on..based on westerfield's age it may have to do with the Vietnman Conflict which President Ford granted limited amnesty in 1974. There were between 500,000 and 1,500,000 desertion or AWOL people during the conflict.and numerous draft dodgers..Amnesty

Best I can figure is a 5 year statute of limitations unless desertion was during time of war and there is no statute of limitations...since Mr. Westerfield was arrested for DWI in 1996 his fingerprints would have gone to the FBI and I would think they would have been a "hit" on them for desertion, unless of course since his recent notoriety someone "ratted" him off....then again it may be a BS charge. nothing in the papers about this-why?....Monday should tell a tale at the prelim hearing..regards...

[Freedom2specul8]

One of the threads (I forget which)had an article that quoted westerfield's attny as saying that child porn was not found on the puter..but they did find explicit photos of minors/adolescent.. I forget the exact wording. I'd say that the pics are still child porn--what else could they be called?.

[FresnoDA]

If (as alleged) the VD's were as active at throwing pizza parties as is being noted....then the circle of "friends" could be larger than anyone imagines. Remember, the purpose of VD's trips to Dad's was recruitment. It was all about finding new "friends" to share pizza's with......CODE WORD DECIPHER/OFF!!

[MizSterious]

I think some of us early on wondered if there might be 'swinging' friends in high places. This kind of raises those questions all over again. It's not as though this was their first day on the job. After all those years on the force, they "don't know" or "forgot" the rules? Pul-leeze.

[tippytoes]

I agree with you and Markwar. I can't believe policemen could be that deliberately stupid. I hate to be the suspicious type, but.......

[silver fox two]

Holy mackerel, I can't believe these two detectives did that, and both with 16 years' service. What's more unbelievable is that they're still investigating the case!! YO! SAN DIEGO,....WAKE UP!!!

[Freedom2specul8]

That's interesting!! The article you linked to said that in order to be given amnesty, they had to perform a 2 yr community service...maybe he didn't comply with the requirments? But like you mentioned, if he didn't get caught during that dwi charge..this is kind of weird. I too wonder what it hasn't been ''explained''...how could it be a bogus charge?

wrt;the 2 investigators..since nothing was gained except more media coverage, probably nothing will happen more than a slap on the wrist.