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.
Motions are due by April 18th.
Defense waived rights to have the charges read.
DA hasn't decided on Death Penalty is what the analysts said after the arraignment.
Ok, legal eagles, what does these tealeaves imply?
Just read about the restored stratoliner ditching in front of warf restaurant. WOW, what a floor show!
Appointment/Election: Appointed San Diego County Municipal Court Commissioner in November, 1982; served as a Commissioner from January, 1983 to January 6, 1985, when sworn in as a Municipal Court Judge. Elected to office November 6, 1984 to replace Judge Charles Snell, retired. Elevated to Superior Court on February 9, 1988 by Governor George Deukmejian.
Past Employment: Former Deputy City Attorney for the City of San Diego. Extensive trial litigation experience in criminal, civil, domestic and juvenile matters. Private law practice (specializing most recently in criminal defense, but also handling civil cases, and before that in domestic relations, estate planning, and probate), San Diego, Calif., 1971-83 (partner: Sickels, Chialtas & Mudd, 1972-83; and Malowney, Malowney & Mudd, 1971-72). Deputy City Attorney, San Diego, 1970-71 (prosecuted criminal cases).
Military: Honorable Discharge, U.S.A.R., Judge Advocate General Corps Life Member, Chapter Two, Disabled Veterans.
Membership_Awards: Member: Calif. Judges Assn., 1985-; Past President, San Diego County Judges Association; San Diego County Bar Assn., 1970- (honorary); San Diego Trial Lawyers Assn., 1980- (honorary); Vice President Board of Directors, Disabled American Veterans Industries; Commander, Chapter Two, Disabled American Veterans; Past Director, Tierrasanta Community Council; Past President, Point Loma Optimist Club; Life Member Optimist International; Former Director, Tierrasanta Kiwanis Club; Former Board of Review Chairman, Troop Two, Boy Scouts of American; Former Little League and Youth Soccer Coach; San Diego County Eagle Scout Board of Review Member.
Education J.D. (1969), University of California Hastings College of Law, San Francisco, Calif.; B.A. (1966), Calif. Western Univ. [Now United States International Univ.], San Diego.
Born: August 9, 1944; Baltimore, Maryland, and moved with family to San Francisco in 1955 [father was an FBI agent]; Married to wife, Pat, since 1968. Two Childre, Brandon, born October, 1975, and Darci, born October, 1977.
Courtroom Code of Conduct: Be prompt; Be courteous; Be professional (the three B¹s!!).
Outside Interests & Hobbies: Enjoys playing golf, jogging, and cruising.
Admission: Admitted to Calif. Bar Jan. 15, 1970.
San Diego CAMC Charges Re-Instated
In San Diego, a judge has re-instated charges against four persons connected with the California Alternative Medical Center, a for-profit medical cannabis clinic that was busted by narcotics deputies last April. The CAMC had been in operation for over two years and was serving some 1,000 patients when it was busted. Defendants include the CAMC's owner, Carolyn Konow, her son, Steven Rohr, and employees Amy Toosely and Daniel O'Neil. The defendants were arrested last April after an informant made three undercover buys totaling $400. The clinic had twice refused to sell marijuana to an undercover sheriff's deputy because she lacked a valid recommendation. The purchases were finally made by a former clinic volunteer and patient caregiver who agreed to cooperate with police. Last September, Judge William Mudd dismissed charges against the defendants, saying that they had done everything possible to comply with Prop. 215, but that the vagueness and ambiguity of the law had put them in a legally "untenable position. " Mudd said he couldn't understand why prosecutors hadn't tried to settle the case or clarify the law in the civil courts rather than charging them with "irreducible felonies."
Superior Court Judge Howard Shore overruled Mudd, saying that he had abused his discretion in dismissing charges. Shore ruled that despite conflicting precedents, marijuana sales are clearly illegal under Prop. 215. He said that although Konow had discussed her plans with the City Attorney, she should have gone to the District Attorney instead. The CAMC defendants face a sentence of up to six years in prison if convicted
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HERE YA GO KIM......FYI....This is a VD thread!!
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A vintage Boeing plane made an emergency crash landing in the waters of Elliott Bay right near Salty's Restaurant in West Seattle Thursday afternoon. Four people on board were rescued by aid teams and taken to Harborview Medical Center. Full story... |
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May 17 set for start of Westerfield trial
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 His attorneys face basic questions on timing and venue SIGNON SAN DIEGO March 28, 2002 David Westerfield, charged with the kidnapping and murder of 7-year-old Danielle van Dam, pleaded not guilty Thursday afternoon in his trial arraignment and was given a May 17 trial date. Judge Peter Deddeh assigned the trial to Judge William Mudd, who has handled high-profile cases in the past. Attorneys were given until April 18 to file motions. Westerfield's lawyer, Steven Feldman, may seek a change of venue and has already filed motions to bar some forensic evidence. |
We now have a real Poker Game...golitely. Lot's of time for someone to blink.
sw
Hmmm and why did the former volunteer agree to cooperate?
Last September, Judge William Mudd dismissed charges against the defendants, saying that they had done everything possible to comply with Prop. 215, but that the vagueness and ambiguity of the law had put them in a legally "untenable position. " Mudd said he couldn't understand why prosecutors hadn't tried to settle the case or clarify the law in the civil courts rather than charging them with "irreducible felonies."
So he's not kneejerk against MJ and shows a clear impatience with the prosecuters (who was that I wonder).
I wonder if their case hinges on proving he kidnapped her. I'm not sure, but if a kidnap victim dies in the course of the kidnap, accidently or otherwise, it's an automatic murder rap, so they don't have to prove how she died, only that she's dead to prove murder.
Amore, you know the answer to my ignorant question?
14-Apr-1998 Tuesday
Tears rolled down Crystal Miller's face yesterday as a San Diego jury announced that it was unable to reach a verdict in the trial of a North Park day-care provider charged with murdering Miller's 6-month-old daughter.
When court recessed, Miller called out to Suzanne Johnson, who contended during her trial that the death of Jasmine Miller was accidental.
"Suzanne, you know what you did to my child," Miller said. "How dare you just stand there and lie. You put me and my family through so much pain. Why don't you just tell the truth?"
Johnson did not turn around during Miller's outburst, but her lawyer, Marc Carlos, said she had tears in her eyes as she listened to the accusations.
After four days of deliberation, jurors told Superior Court Judge William Mudd that they were deadlocked. Five voted for guilt on a murder charge, with seven opposed, and the jury split 6-6 on a child abuse charge.
Johnson, who has been in jail 11 months, is scheduled to return to court Friday so a new trial date can be set. Prosecutor Eugenia Eyherabide said Johnson will be retried.
None of the jurors agreed to talk to reporters, but lawyers in the case said the jurors who were unwilling to vote for conviction wanted more medical evidence presented to back up the prosecution's contention that Jasmine died not from a fall, but from a blow to her head.
"They wanted more before they convicted someone of murder," Eyherabide said. She said jurors were split on the cause of Jasmine's death. "They didn't know if we'd ever get a verdict because it's such a difficult, emotional case," Eyherabide said.
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