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DAVID WESTERFIELD TO FACE JUDGE AGAIN: Van Dam Murder Update 2:00 P.M. Pacific Time
KFMB-CBS ^ | March 28, 2002 | KFMB-CBS

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.


TOPICS: Breaking News; Crime/Corruption; US: California
KEYWORDS: vandam; westerfield
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To: fivecatsandadog
I thought along those lines for some time now, like maybe he and Brenda would allow Danielle to play in the big doll house so he and Mom can "talk".

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.

101 posted on 03/28/2002 12:50:26 PM PST by Slyfox
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To: Valpal1
Ok, so if it's found that Westerfield kept a neatly organized scrap book of kids in underwear, etc. then I would agree that he's a fruit loop and needs help. But that alone would not prove that he touched Danielle or caused her death. Like you said, the prosecution would have a difficult time with this.
102 posted on 03/28/2002 12:51:42 PM PST by fivecatsandadog
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To: all
If you buy disney products, you support that guys salary..
103 posted on 03/28/2002 12:52:29 PM PST by Freedom2specul8
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To: spectre; Amore
Amore, thanks for the tip about MSNBC. One or the other channels should carry it then!
104 posted on 03/28/2002 12:52:59 PM PST by MizSterious
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To: ~Kim4VRWC's~
That's nice, Kim. No, I didn't know. Thank you, I will never watch Powder again.

sw

105 posted on 03/28/2002 12:54:22 PM PST by spectre
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To: all
I'm outta here gang.. hope I can catch up later. Have a great weekend.
106 posted on 03/28/2002 12:54:46 PM PST by fivecatsandadog
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To: spectre
yeah, disney has some low morals, character and questionable motives..to say the least.
107 posted on 03/28/2002 12:58:18 PM PST by Freedom2specul8
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To: rolling_stone
Thanks rolling, I'd still like to know how print laden the RV was overall, or did it present the appearance of having been "wiped" clean as opposed to just cleaned.
108 posted on 03/28/2002 1:00:57 PM PST by Valpal1
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To: spectre
More

american family association

Priest (Miramax) is a pro-homosexual movie which depicts five Catholic priests as dysfunctionals and blames their problems on Church teachings. One priest is a homosexual; a second an adulterer; a third an alcoholic; a fourth demented; and the fifth just plain mean and vicious. The film is blatantly anti-Christian. Other objectionable films from Disney subsidiaries included Dogma (homosexuality), Chasing Amy (lesbianism), Pulp Fiction (sex & violence), Color of Night (sex), Clerks (graphic language), Chicks in White Satan (lesbianism), Lie Down with Dogs (homosexuality), The House of Yes (incest)
109 posted on 03/28/2002 1:03:20 PM PST by Freedom2specul8
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To: golitely;all
MSNBC just said they will take us back to the court-room when proceedings get underway...they panned a shot, so I know they are THERE!

sw

110 posted on 03/28/2002 1:03:24 PM PST by spectre
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To: ~Kim4VRWC's~
Hey Kim, remember I live in a media free home. Please post arraignment info ASAP. Is there an internet link?
111 posted on 03/28/2002 1:04:24 PM PST by Valpal1
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To: ~Kim4VRWC's~
http://www.afa.net/disney/

“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.

112 posted on 03/28/2002 1:04:43 PM PST by Freedom2specul8
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To: ~Kim4VRWC's~
Ouch.

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...:~)

113 posted on 03/28/2002 1:06:43 PM PST by spectre
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To: Valpal1
Will do Val...and www.kogo.com will get you the live feed. (I think)..it's VERY slow loading right now.
114 posted on 03/28/2002 1:06:45 PM PST by Freedom2specul8
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To: spectre
I didn't see that. Been switching back & forth between CTV and MSNBC--no arraignment. Ah, well.
115 posted on 03/28/2002 1:06:50 PM PST by MizSterious
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To: fivecatsandadog
Not if it's a notebook full of blonde 7-8 year old girls wearing chokers!
116 posted on 03/28/2002 1:07:02 PM PST by Valpal1
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To: Valpal1
May 17, 2002 TRIAL
117 posted on 03/28/2002 1:07:16 PM PST by FresnoDA
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To: spectre
This isn't about me or us..this is about sharing information about a company that hired a child molestor and cators to kids at the same time, supporting crappola.
118 posted on 03/28/2002 1:09:00 PM PST by Freedom2specul8
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To: golitely
DAVID WESTERFIELD PLEADS NOT GUILTY, 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 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.

119 posted on 03/28/2002 1:10:55 PM PST by FresnoDA
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To: golitely
There are in the courtroom...trust me.

sw

120 posted on 03/28/2002 1:11:34 PM PST by spectre
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