DA Selects 'A' Team For The Danielle van Dam Killing Case: Westerfield appears today for arraignment

Union Trib ^ | March 11, 2002 | Anne Krueger

[FresnoDA]

DA selects 'A' team for the Danielle killing case

Two have handled many high-profile prosecutions

By Anne Krueger
UNION-TRIBUNE STAFF WRITER

March 11, 2002

When District Attorney Paul Pfingst selected the team to prosecute the man accused of killing Danielle van Dam, he turned to two veterans who've been involved in numerous high-profile cases.

Prosecutor Jeff Dusek, who will be marking 25 years in the San Diego County District Attorney's Office this month, has handled more death penalty cases than any other lawyer in the office.

George "Woody" Clarke, a San Diego prosecutor for 20 years, is a nationally recognized expert on DNA evidence, complicated scientific data now frequently used in criminal cases. His expertise has been recruited by Los Angeles prosecutors, who made him part of their team in the murder trial of O.J. Simpson.

In a case that has drawn national attention, the two men will face their first major legal test today when they appear in court to present evidence in a preliminary hearing for 50-year-old David Westerfield.

The design engineer, who lived two houses down the street from the van Dam family, is charged with kidnapping and killing 7-year-old Danielle. She was reported missing by her parents Feb. 2 and her body was found more than three weeks later behind a clump of oak trees in Dehesa.

Westerfield is being represented by attorneys Steven Feldman and Robert Boyce, longtime defense lawyers who also carry a reputation for legal skills and tenaciousness in the San Diego legal community.

Dusek, 52, was once described in court papers as being part of an " 'A' team" of prosecutors and investigators who had been assigned to handle the retrial of six gang members in the killing of a San Diego police officer.

Dusek's boss, James Pippin, said he's confident Dusek and Clarke will handle their latest assignment well.

"We've got the 'A' team," Pippin said.

 

Team player

Even before he became a lawyer, Dusek was a team player. He spent two years as a pitcher for a Chicago White Sox minor league team before being released.

He then attended law school at Washington and Lee University in Lexington, Va., before returning to Southern California. Having grown up in San Clemente, Dusek knew where he wanted to work.

He got a job at the San Diego District Attorney's Office, and he's spent his entire career there.

"I love this job. This is the best job in the world," Dusek said in a brief interview. "You get to prosecute people who have violated our laws, violated society's rules and violated other people. We get to hold them accountable for what they've done. That's a good feeling."

Despite his lengthy tenure in the office, Dusek has never aspired to be an administrator instead of a trial attorney, Pippin said.

"He's pretty much all business," Pippin said. "He just enjoys trying cases."

Dusek's cases have involved some of the most horrific crimes in San Diego County. Three men and one woman are now on California's death row awaiting execution as the result of cases he prosecuted.

In a fifth death penalty case, Phillip Lee Jackson was sentenced to life in prison in 1996 after jurors deadlocked over whether he should be executed for beating two elderly women to death.

Dusek prosecuted the case of Ramon Rogers, who was sentenced to death in 1997 for the murders of his Navy buddy and two ex-girlfriends. Police began investigating Rogers after they found the fingers and jaw of one of his former girlfriends in a storage area of his College Area apartment.

 

Opponent's view

Jeffrey Reichert, an alternate public defender who represented Rogers, said Dusek is an excellent lawyer.

"I would call him thoroughly efficient in almost every aspect of his practice. I can't remember any time when he was unprepared for any legal issue or factual question," Reichert said. "I thought he was ethical and aboveboard."

Just last week, Dusek was teaching a seminar on prosecuting death penalty cases at a meeting of the California District Attorneys Association. Prosecutors have filed special circumstances in Westerfield's case reserving the option of seeking his execution. That decision will be made in the weeks after the preliminary hearing.

It was Clarke's work on a death-penalty case in 1989 that led him to his expertise in using DNA as evidence in criminal cases. Clarke, 50, became interested in the field through his assignment as co-prosecutor in the murder trial of David Allen Lucas. (Feldman was a member of the defense team.) Lucas, a Spring Valley carpet cleaner was convicted of the murders of three people between 1979 and 1984 and is on death row.

Although DNA evidence couldn't be used in the Lucas case, Clarke grasped its power as a forensic tool at a time when the technique's legitimacy was being tested in the criminal courts.

Because of his ensuing reputation as a DNA expert, Clarke was asked to join the Simpson prosecution team in 1995. He said in an interview after Simpson was acquitted that the trial helped to advance the acceptance of DNA evidence.

"In my view, at least," Clarke said, "the DNA results in this case were so compelling that it may have been the reason the defense decided to shift tactics to one of conspiracy and the planting of evidence."

After the Simpson trial concluded, Los Angeles prosecutor Christopher Darden wrote a book about the case in which he condescendingly described Clarke as a typical prosecutor who wore off-the-rack suits and $59 Florsheim shoes.

"That always disappointed me," Clarke jokingly responded. "I only paid $49 for those shoes."

[FresnoDA]

Perhaps many of the "theories" and "allegations" will be put to rest today, or be proven accurate.  Soon we may begin to know, as the van Dam tragedy unfolds........

FresnoDA

[MizSterious]

Bump!

[MizSterious]

George "Woody" Clarke, Deputy District Attorney, San Diego

Mr.Clarke was appointed in 1998 by the U.S. Department of Justice to the National Commission on the Future of DNA Evidence. He has published and lectured internationally in the area of forensic DNA evidence to organizations including the U.S. Department of Justice, Federal Bureau of Investigation, American Academy of Forensic Sciences, National College of District Attorneys, and the armed services. He was recently honored in 2000 by the San Diego County Bar Association as its “Public Lawyer of the Year,” by the San Diego County Deputy District Attorneys Association with its “Charles E. Nickel Award for Professional Excellence,” and by San Diego Magazine as one of the “50 San Diegans to Watch in 2001.”

Souce: Bio from SATI. "Sexual Assault Training &  Investigations (SATI) provides
effective, victim centered, multi-disciplinary training and expert consultation regarding crimes of sexual assault. "--from their main home page. Looks like they really are bringing in the big guns.

[MizSterious]

More on Clarke, who was listed as one of the 50 people to watch in 2001 in San Diego Magazine (along with Paul Pfingst):

---

You’ve seen him back up prosecutors as a DNA specialist at the O.J. Simpson trial—not to mention 50-some appearances on national television to explain how DNA works in the criminal justice system. Clarke will use DNA testing in Fox TV’s Last Chance: Guilty or Innocent, a new live show aimed at clearing unsolved crimes, tentatively scheduled for February 23.

The veteran deputy district attorney in is also in charge of an effort in the San Diego D.A.’s office to allow convicts the chance to clear themselves of sexual assault or murder raps. So far, just two of more than 500 cases prior to 1992 look as if they could seriously be considered for DNA typing. Clarke believes today’s advanced DNA knowledge is an incredible resource far beyond its uses in the criminal justice system—to help identify war dead, save endangered species and diagnose genetic diseases.

[MizSterious]

Still more on Clarke, from North County Times:

---

DNA testing program up for Harvard award

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- A review of old criminal cases has landed the District Attorney's Office in the running for a prestigious Harvard University award honoring creative problem-solving by public agencies.

The San Diego DNA Project, founded in July 2000 by District Attorney Paul Pfingst, is one of 99 semifinalists for the Innovations in American Government Award given each year by the John F. Kennedy School of Government.

"It's wonderful news," said Deputy District Attorney George "Woody" Clarke, one of two prosecutors spearheading the program, which offers some convicted criminals a chance to clear their name. The program is the first of its kind in the nation.

The five winning programs will be announced in October. Each will receive $100,000 to promote similar efforts in other areas, a Harvard University press release states.

Clarke and Special Assistant Deputy District Attorney Lisa Weinreb are now in the process of reviewing 600 old criminal cases to see if DNA testing ---- which profiles an individual's genetic makeup ---- could show some inmates were wrongly convicted.

So far, the DNA project has identified three inmates out of 300 who qualify for the testing.

Criteria for the program include a question of identity in the original case; the inmate must have been convicted before 1993 and steadfastly maintained his or her innocence; and biological evidence, such as hair or blood, must have been collected from the crime scene for a comparison.

Clarke, a DNA expert, said reaction to the program was mixed at first, with some people questioning whether resources would be better used in trying to close unsolved cases.

Most of the 300 defendants whose cases have been reviewed now say they were at the crime scene, but they acted in self-defense or were otherwise not guilty of a criminal act, Clarke said. In those cases, the question then switches from a wrongful conviction to whether there were extenuating circumstances, he said.

"In a significant number of the cases, DNA typing can't answer that," Clarke said. Because the number of inmates who have qualified for the expensive DNA tests has so far been small, the cost of the project has not been an issue, he added.

[spectre]

"bringing in the big guns"..

They need to against Feldman.

Got my popcorn, coke and easy chair ready for the action. Fire extinguisher armed and ready :~)

sw

[MizSterious]

Dusek seems less famous, but in searching on his name, he's associated with several trials--high profile in SD, if not other parts of the country. San Diegans might have more knowledge of him.

[Freedom2specul8]

Hey, I missed the court tv/arraignment. Did you see it? If so, what happened?

[spectre]

You didn't MISS it, Kim. It should be on at 10am pacific (forum) time. Stay tuned, jump right in...and I don't like Crow, be kind!

sw

[Freedom2specul8]

This will be interesting..a pit bull against the ethical and efficient ~A~ team..

[spectre]

Oh, so the Defense team isn't ethical? Be good, Kim.

sw

[Freedom2specul8]

Oh that's great! I guess that would be What time in central..let me think.. They are one hour ahead of central...

Hey, RICK ROBERTS will be ON... LOL This will be interesting!

http://www.courttv.com/onair/shows/crierlive/#full

[Freedom2specul8]

No no no, I was referring to comments in the news article..now come on, don't put words in my mouth. (that was funny and unintended)

[spectre]

OK. It's gonna be a long thread. Check on my time, I hope I got the 10am correct.

sw

[Freedom2specul8]

See?

Dusek's boss, James Pippin, said he's confident Dusek and Clarke will handle their latest assignment well. "We've got the 'A' team," Pippin said and Dusek, 52, was once described in court papers as being part of an " 'A' team" of prosecutors and investigators

"I would call him thoroughly efficient in almost every aspect of his practice. I can't remember any time when he was unprepared for any legal issue or factual question," Reichert said. "I thought he was ethical and aboveboard."

[Freedom2specul8]

I can't find the time.....it does say somewhere that crier is on at 5pm....but that doesn't mean it's the same coverage that you are talking about. All I know is, I'VE GOTTA see rick roberts in full action.

[MizSterious]

Look at the bottom of the message, as in " 16 posted on 3/11/02 10:27 AM Central by ~Kim4VRWC's~"

[Kerensky]

Welcome back! Keep up the good work.

[Freedom2specul8]

Hey, mine says pacific, 8:27am..I need to go look at preferences don't I.

[Lanza]

Hey, thanks for the heads up on this.