DAVID WESTERFIELD TO FACE JUDGE AGAIN: Van Dam Murder Update 2:00 P.M. Pacific Time

KFMB-CBS ^ | March 28, 2002 | KFMB-CBS

[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.

[MizSterious]

Thank you. It appears none of the cable channels would carry it. Did you watch?

[Amore]

Any sign that the hearing has started? I've got the MSNBC feed going (I think), and they did have milling about in the courtroom & some noise but now it's just posting a blue sign saying, "for continuous coverage listen to MSNBC 24 hours a day."

[Freedom2specul8]

I'm not connecting to the website...

Plane is down near seattle.......landing gear problem.

[vacrn]

Wow, I blinked and it was over. May 17th trial date. Westerfield stated "not guilty".

I watched it on the MSNBC live stream video.

[vacrn]

It's over already

[spectre]

Well, shoot! I saw the milling around in the court room scene also, and they said they would be back when it got underway.

So that's it? We missed it?

sw

[FresnoDA]

Judge Mudd will be hearing the Westerfield case, May 17, 2002...barring a continuance of course.

Superior Court
San Diego County, State of CaliforniaDepartment SD-40

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Location:	Main Courthouse THIRD FLOOR 220 W. Broadway San Diego, CA 92101
Assigned:	WILLIAM D. MUDD Judge
Case Types:	Criminal
Clerk:	PEGGY SIRNA 619-531-3834 (courtroom)
Cal. Clerk:
Reporter:	ROBERT STARK Certified Shorthand Reporter license: 5104 Reporters' Address: P.O.BOX 120128 SAN DIEGO, CA 92112-0128
Dept. Rules:

[Freedom2specul8]

Thanks for letting us know...I was going to try to connect to msnbc... Dang, we all gotsta wait a long time. (I expected to wait longer actually)

[vacrn]

That was it, about 60 seconds

[MizSterious]

I think that's it. The article FresnoDA posted said he'd already been arraigned, and that he pled "not guilty." So, as you predicted, it's gonna be one hekkuva poker game.

[Freedom2specul8]

Do you know anything about the trial judge?

[spectre]

Thanks.

Bummer...

sw

[vacrn]

Judge Mudd will preside? Okay here come the jokes!

[afraidfortherepublic]

Please ping me too, for further developments in this case.

[Freedom2specul8]

PREVIOUS FEEDS...nbc san diego

You have some choices it looks like

[spectre]

OK..May 17th. Should at least get my spring cleaning done by then.

sw

[vacrn]

I didn't hear a change of venue request, but it all happened so fast...can we read any defense strategies into that decision?

[MizSterious]

Not me. Gee, I hope he doesn't keep any pictures of his children or granchildren around. Might mean he's another child molester. Or worse--what if he has some old pics of Dopey, Wheezy, and the other dwarves. Shudder. (For avoiding child molester employees, you'll have to quit watching virtually any movie by any movie or teevee company. And that includes some of the most "wholesome" shows ever shown anywhere. Read child stars' bios and weep, and I mean that literally.)

[Valpal1]

Oh man, all I can think is The Trouble with Tribbles!

[Freedom2specul8]

Can't wait to hear more ''leaks'' about this case... Cya later Val..