David Westerfield, accused killer of Danielle van Dam, preliminary hearing

San Diego Headline News ^ | 3-12-02 | Staff writer

[today]

Westerfield Preliminary Hearing

SAN DIEGO, CA - The preliminary hearing in the case against David Westerfield began Monday. Mr. Westerfield is charged with kidnapping and killing seven year old Danielle van Dam February 2nd of this year.

Much information was revealed during the hearing. First, it was suggested that Danielle's father may have vacuumed an area of the house before investigators had an opportunity to collect potential evidence. Second, Mr. Westerfield had scratches on his arm (photos at bottom) that he claimed were injuries suffered while trying to dig out his motorhome that became stuck in the sand. Another interesting piece of information that came out is that the lead investigator, SDPD Lieutenant Jim Collins, stated that he was not aware of blood evidence that was collected from the van Dam home. The hearing is scheduled to resume on Tuesday.

complete story

[Freedom2specul8]

Are you on there regularly? I've listened to radio fr only once. Mercuria has flagged me quite a few times but I've missed all the good stuff..how do we listen to you?

[rolling_stone]

I had to leave for awhile, did they have an Animal Husbandry Expert testify?

[Freedom2specul8]

does that have anything to do with beastiality they discussed?

[BunnySlippers]

I'm on my way to my accountant to have my taxes done. :-(

However, there were lots of interesting articles about this case this morning. I'll check in again when I get back.

[BunnySlippers]

On an earlier thread, a poster admonished me for making it too lengthy....

You can't please everyone ... especially on the internet.

[rolling_stone]

Just wanted to know how they determine animal ages, say a dog is 3 years old in human years is that 21 (3 x 7)thus not a minor..and I wonder how bad those young women abused the animals...if both the animals and women were adults is that illegal? (just kidding of course)

[evad]

DA...what's the difference between an arraignment and a preliminary hearing? I thought one was where you get the defendant to state his plea and the other was to determine if there was enough evidence to continue to trial.

[Freedom2specul8]

Dictionary.law.com preliminary hearing n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges. In the "Perry Mason" television series, the courtroom scenes were almost always of preliminary hearings.

and

source
What is a preliminary hearing? A preliminary hearing is a court proceeding where the Crown prosecutor must present enough evidence in your case to convince a judge that, based on such evidence, a judge could find you guilty. The defence lawyer will have an opportunity to cross-examine witnesses on their evidence and argue to the judge after the Crown attorney has presented evidence, that there is not enough evidence to lead to a possible finding of guilt. If the prosecutor cannot satisfy the judge of that, the case will be dismissed. In most cases the crown satisfies the judge that there is enough evidence for a trial and trial date will be set.

[MizSterious]

I can't thank you enough for continuing to post even under fire, as you have been. I always know I can count on your posts to be informative, sometimes controversial, but always interesting. These transcripts--hope you've saved them in case "something" happens to this thread too. So much good info has been lost.

[FresnoDA]

BunnySlippers

I'm on my way to my accountant to have my taxes done. :-(

However, there were lots of interesting articles about this case this morning. I'll check in again when I get back.

Uhmmmm.....don't wait too long to do your reading.  At the rate the VD threads get yanked around here!!

In fact, one might be able to say, they are Hare today, and Gone tommorrow!!! : 0 )

FresnoDA

[rolling_stone]

No hare, the dog did it...

[Freedom2specul8]

IF I KNEW

If I knew it would be the last time
That I'd see you fall asleep,
I would tuck you in more tightly
and pray the Lord, your soul to keep.

If I knew it would be the last time
that I see you walk out the door,
I would give you a hug and kiss
and call you back for one more.

If I knew it would be the last time
I'd hear your voice lifted up in praise,
I would video tape each action and word,
so I could play them back day after day.

If I knew it would be the last time,
I could spare an extra minute
to stop and say "I love you,"
instead of assuming you would KNOW I do.

If I knew it would be the last time
I would be there to share your day,
well I'm sure you'll have so many more,
so I can let just this one slip away.

For surely there's always tomorrow
to make up for an oversight,
and we always get a second chance
to make everything just right.

There will always be another day
to say "I love you," and certainly there's
another chance to say our "Anything I can do?"
But just in case I might be wrong,
and today is all I get,
I'd like to say how much I love you
and I hope we never forget.

Tomorrow is not promised to anyone,
young or old alike,
And today may be the last chance
you get to hold your loved one tight.

So if you're waiting for tomorrow,
why not do it today?
For if tomorrow never comes,
you'll surely regret the day,

That you didn't take that extra time
for a smile, a hug, or a kiss
and you were too busy to grant someone,
what turned out to be their one last wish.
So hold your loved ones close today,
and whisper in their ear,
Tell them how much you love them
and that you'll always hold them dear

Take time to say "I'm sorry,"
"Please forgive me," "Thank you," or "It's okay."
And if tomorrow never comes,
you'll have no regrets about today.

[FresnoDA]

DA...what's the difference between an arraignment and a preliminary hearing? I thought one was where you get the defendant to state his plea and the other was to determine if there was enough evidence to continue to trial.

arraignment

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

 

preliminary hearing

In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied. See Topic: Lawsuits & Mediation

We are in the Prelim Hearing.....

[demsux]

mark

[Jaded]

Hey Fresno, did they ever tell who's finger prints were in the RV? Or who's blood was on the stairs and in the garage? Or any of the other relevant stuff? If he was a suspect so early, why didn't SDPD detain him when he returned to get his wallet?

I also was quite impressed that the neighbor who NEVER noticed anything before remembered in detail about the shades but couldn't recall when she told the authorities. Really, very impressive.

Ya know, gang, the PH isn't doing much to answer the existing questions.

[Freedom2specul8]

I don't think it's suppose to answer all the questions yet. Like the first definition of PH...it's to show just enough evidence so the judge will say they can have the trial. IF the prosecutor explains too much, it will reveal their trial strategy.. I'm willing to wait if it strengthens their case..as frustrating as it is to wait.

[Jaded]

It could shape up to be a real Perry Mason thriller....I don't think Feldman has tipped his hand either. This should be better than the OJ circus.

[evad]

Hey Kim..thanks for the web site...bookmarked
dave

[evad]

Thanks DA...very educational.
dave

[Freedom2specul8]

I agree..isn't that awful though, to expect it to be a circus? Yeah, you're right..the defense is holding back for now. That doesn't mean it will be helpful to them. If the prosecution team is as good as reports said...they are preparing for the defense atty's tactics as we type. I hope it doesn't get dragged out..and as the judge says...spend too much time on things that aren't important to the case.