Posted on 03/28/2002 7:54:29 AM PST by FresnoDA
DAVID WESTERFIELD TO FACE JUDGE AGAIN
( 03-28-2002 ) - A Sabre Springs man accused of killing 7-year-old Danielle van Dam and leaving her body in the East County is scheduled to be arraigned Thursday on charges of murder, kidnapping and possession of child pornography.
Along with entering a plea, David A. Westerfield, 50, may get a trial date at the hearing and find out if prosecutors intend to seek the death penalty against him if he's convicted.
Most likely, the judge will set a trial date within a 60 day timeframe. Otherwise, Westerfield's right to a speedy trial will be violated.
Attorney Bill Nimmo says it's probable that Westerfield's attorney, Steven Feldman, will waive this right.
If that happens, it could be six months to a year before the Westerfield's case goes to trial.
There could also be a possible plea bargain by the self employed design engineer to avoid a possible death penalty charge.
"The way I read the state's evidence, it's very powerful. And rarely do they bargain unless they have problems with their evidence. If they had some problems with their evidence, like there was a faulty DNA test, or if one of the witnesses had actually more contact with Westerfield... watering down the presence of the DNA... and that brought a fear in the prosecution that they could lose this case, then they might try to plea bargain," explained Nimmo.
After a three-day preliminary hearing, Superior Court Judge H. Ronald Domnitz ruled back on March 14 that there was enough evidence for Westerfield to face the charges at trial.
Superior Court Judge Peter Deddeh may assign the case to another judge for all further hearings, including the trial.
Westerfield -- who lived two doors down and across the street from the van Dam family -- is currently held without bail.
Thursday's arraignment set for 2 p.m. Stay tuned to LOCAL 8 for live coverage.
My thoughts exactly. It will be interesting to hear testimony on behalf of the defense when they drag in neighbors and patrons at the bar who will indicate that something was going on between Mrs. VD and Westerfield. It may have nothing to do with the case BUT then again it might have everything to do with the case.
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“Baseball, hotdogs, apple pie. . .and Disney.” A few years ago that statement would have rung true. No longer. For decades Disney was a name families could trust. The name Disney meant wholesomeness, laughter, quality family entertainment without pornography, violence and profanity. More than anything the name Disney meant children. Sadly, this is no longer true. Disney has gone from trusted friend to hostile foe of those who hold the same values and ideals that this - the world’s most popular entertainment giant - once represented.
Hope you're not keeping all those things filed away in your computer for future reference. Wouldn't want you to be accused of anything improper...:~)
( 03-28-2002 ) - A Sabre Springs man accused of killing 7-year-old Danielle van Dam and leaving her body in the East County was arraigned Thursday on charges of murder, kidnapping and possession of child pornography.
David A. Westerfield, 50, pleaded not guilty to murder charges.
The judge has set a trial date of May 17, 2002.
After a three-day preliminary hearing, Superior Court Judge H. Ronald Domnitz ruled back on March 14 that there was enough evidence for Westerfield to face the charges at trial.
Superior Court Judge Peter Deddeh may assign the case to another judge for all further hearings, including the trial.
Westerfield -- who lived two doors down and across the street from the van Dam family -- is currently held without bail.
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