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.
Many of these offenders have extensive collections of child pornography or child erotica that feed their fantasy world. These photos and drawings will typically be cut outs from newspapers and magazines that other people would find inoffensive or even innocuous. Pedophiles will frequently videotape children from television shows and commercials. They will also attend sporting events in schools and surreptitiously tape these events. Undoubtedly, the notorious video clip of JonBenet Ramsey participating at a Colorado beauty pageant has found its way into the video libraries of pedophiles across the country.
These collections of pornography are often considered the pedophile’s most valued possession (Lanning, p. 28). The collection represents years of work and symbolizes, in tangible form, his inner most sexual fantasies and thoughts. The collection will consist of slides, commercial photos, souvenirs, toys, Polaroids and virtually any other type of material that relates to or displays any minute reference to child sex. Child erotica collections will vary in quality and quantity, often depending upon the economic status of the collector. Police have found that the older the pedophile, the more extensive the collection will be. Since true child pornography requires a clandestine effort to obtain, the majority of these collections will be erotic in nature as opposed to pornographic. And often the focus will be upon one or two aspects of sexuality. Preferential child molesters especially, preserve these types of collections and will do anything to safeguard them. Offenders have been known to make formal requests to the police agencies to return these items after their case has been adjudicated.
The pedophile collector falls into three general categories: closet, isolated and the sharer. The closet collector maintains and views his erotica in secret and does not molest children. This type of collector builds his collection in a clandestine manner and keeps its existence a secret. Sometimes, he will maintain this collection for years without the knowledge of a live in spouse. The isolated collector is actually engaged in molestation and will display the material to a victim. The sharer-collector trades and displays the material with others and may do so for profit. He also will molest children and keeps company with other pedophiles. Since other criminals, like burglars, muggers, car thieves, rarely collect artifacts relating to their criminality, why do pedophiles collect? The answer to that question lies in the psychological characteristics of his condition. He has a twisted sexual compulsion for children whose origins are separate and apart from criminality. His deviance is defined as criminal only because society has deemed it so. Some pedophiles believe that they have done nothing wrong and are simply more enlightened than the general public. They feel they are part of a special progressive movement and one day society will come to accept, what they see as, their sacred ritual of adult/child sex.
From a practical standpoint, collections serve crucial needs for the pedophile. First, child erotica and pornography are utilized in his crimes. The pedophile will display this material to a victim in order to lower his inhibitions and introduce him to the possibilities of sex with an adult. This is a very important step in the seduction process. Secondly, the pedophile will use the material for his own sexual gratification. Often it is used in the arousal phase prior to sexual activity with victims. Still others will use photographs of the abuse to blackmail their victims into further sexual activity. After engaging in sexual acts with an adult, a complex set of emotions engulfs the victim. These emotions include humiliation, attachment to the offender and fear of exposure. The victim becomes extremely fearful that his friends and family will learn of the sexual activity and he will suffer harsh consequences. Pedophiles are familiar with these feelings and will use those emotions against the child. Pornography plays a pivotal role in the child sex offender’s life. But most importantly, it is the tool of his trade used to induct his victims into his sexual fantasies. This is why law enforcement is always on the alert to the onslaught of pornography on the web. [1] Authors Best and Luckenbill discuss the characteristics of loners, colleagues and peer deviants in Organizing Deviance (1992). [2] Reported by CNN January 28, 1997.
Again, to each his own.
ONLY if the DA has an open and shut, 100% positive proof he did it, beyond a reasonable doubt, would they NOT accept the plea bargain. FAT CHANCE, IMHO.
In Arkansas, if you plead "Guilty" and spare the State a trial, you cannot be given the death penalty. BUT, if you say "Not Guilty" and are found guilty of "murder", then you can receive the death sentence.
If Westerfield cops a plea, then I will KNOW he did it.
sw
Rats, that's 5:00pm for me and I'll be heading home for the weekend. Guess I'll have to check in later.
That's what I hoped it meant. When Nimmo said that state's evidence is "pretty powerful", and then kinda contradicted himself when he made the statement about the possible plea bargain, I couldn't figure out which way it was going.
That sounds like a lawyerly lie and I doubt that the camper was left open unless he was around it.
And remember, we now know that the good for nothing watch dog was locked in the bedrooms at night. At one time he was locked in the master bedroom and ripped his bed to shreds, (hmmm, could he have been going mad because Danielle was being _________ ???) And then later he was locked in one of the the boys room.
Perspectives change when we know more details.
sw
sw
To plea or not to plea? And thereby settle old and raise new doubts on FR. This is the question all mortal posters want to know.
My read is if the state offers a plea, they have evidentiary problems. But if DW asks for a plea that is refused by the prosecutors, then they are very sure of their evidence and plan to hang him with it.
But what if no one offers or asks for a plea, AND the DA doesn't ask for the death penalty. What does that portend?
It means we've got one heck of a Poker game coming up.
sw
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