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.
BTW, ~Kim~ sometimes you are totally clueless....Have a Happy Easter Bunny Day!
sw
Tons of jelly-bean and deviled egg Easter wishes to you. Be careful hunting those eggs!
sw
sw
Nnnhhhhgggnnnnnhhhh!!! I think I'm starting to channel someone! Yes, it appears to be Golitely coming through! She's saying--what is that again, Golitely?--ah, she's saying, "Kim, you're utterly CLUELESS! I've never been banned, not even once. I know you tried though."
Now Golitely's saying--louder, please, Golitely?---"I cannot rest in the nether-freep world knowing Kim won't admit her many messages supportive of the van Dams! MizSterious, here is a collection of several of them from one thread. READ 'EM AND WEEP!"
Source
Famous Sayings of ~Kim4VRWC's~
I am simply praying that the rumors proved unfounded.
I'm sure you guys realize that some people are more social than others...and busy bodies can make mountains out of molehills. It could be this swinger thing is just that. But if it's not, and they went to church while living that kind of a lifestyle, then chalk two more hypocrites up in the sexual deviants tally marks. People can and do give Christians a bad name. :(
173 posted on 3/2/02 11:28 AM Central by ~Kim4VRWC's~
THANK GOD the Van dams have witnesses to the timeline. I'm sure their witnesses saved their backsides...considering the awful rumors being spread.
204 posted on 3/2/02 12:27 PM Central by ~Kim4VRWC's~
Who DOES lead a perfect lifestyle? Does that statement mean they're admitting? I'm still praying it's rumors. The van dams said those allegations are just that..rumors. I hope to God that these folks are not what little the little dj is claiming..I noticed it happened afte rthe "bulldog" attny was hired. VELLY VELLY INTELLESTING.
317 posted on 3/2/02 7:11 PM Central by ~Kim4VRWC's~
ALL accounts and reports of neighbors, friends, family and school mates say that the kids were well taken care of , that the mom was extremely active in her kids lives as most moms in that area are..so... I don't see a problem yet.
453 posted on 3/3/02 12:17 AM Central by ~Kim4VRWC's~
My morals say that if the mom had a bad reputation as you would say she did, then she would not have so many upper-middle class people expressing how wonderful the family is. (read all the sweet things/quotes about them...at the san diego site...it's full of compliments)
Rick Roberts is the immoral guy who spends his time feeding the fear and anger of parents who also care about their children. If you will notice, his allegations came AFTER the pitbull lawyer was hired. If we are all into conspiracie theories, than I suggest the lawyer is behind all the rumors and gossip.
464 posted on 3/3/02 12:29 AM Central by ~Kim4VRWC's~
If the mom was the whore/bar hopper, nympho crazy person that you all are making her out to be, the parents of neighborkids, (including a teacher) would NOT say how devoted she was to them.
My point is, if the mom was the trash everyone says she is.. the little girl would have been practically raising herself with no moral guidance whatsoever. From all accounts, she was a beautiful, well mannered, well adjusted, HAPPY child who was looking forward to going to Italy with her parents. :)
482 posted on 3/3/02 12:50 AM Central by ~Kim4VRWC's~
THANKFULLY, the people that were with the van dams the night she was celebrating her friends upcoming move, will be able to tell the cops the truth about what happened...and will confirm timelines..
498 posted on 3/3/02 1:00 AM Central by ~Kim4VRWC's~
I'm convinced they perp did not have a relationship with the van dams.
I'm praying the rumors and gossip isn't true. I give rick roberts ZERO credibility.
529 posted on 3/3/02 1:18 AM Central by ~Kim4VRWC's~
Yes, they are not 100%...but a show of good faith. maybe you can consider them a symbolic gesture. Whichever. I just got tired of the BS and so did many grieving parents viewing these threads and felt a need to say something. I just pray that the rumors about sluts et al prove to be false. G'nite!
595 posted on 3/3/02 2:15 AM Central by ~Kim4VRWC's~
yep and they already are getting raked over the coals by busybodies and gossip mongers. I pray that none of their accusers suffer the public wrath. (even those people who call my posts cowplop. ROFL!
597 posted on 3/3/02 2:17 AM Central by ~Kim4VRWC's~
How do you know what when on in that household? The mom said they were hurtful rumors!
610 posted on 3/3/02 9:13 AM Central by ~Kim4VRWC's~
Great minds think alike! I wrote friday that they were acting like a bunch of puritans.. "here's a witch, there's a witch, everyone's a witch witch". LOL
It's really scary to see so many people following a local DJ whose ratings are soley based on inflammatory subjects. Even when the OJ conspiracies sprang forth (OJ was set up don't ya know), or the oklahoma bombing conspiracies (McVeigh had help from foreigners)..most of the people speculating, guessing and almost believing the conspiracies had the guts to admit they could be wrong. They weren't in it to look good. They didn't have their reputations on the line..although some taunters did try to insult them. They simply surmised their own theories, and debated based on things NOT from the enquirer..I can tell you that much for sure.
613 posted on 3/3/02 9:27 AM Central by ~Kim4VRWC's~
Which is more important, searching for the truth, or hanging the parents with hate, gossip and gasp lies? As a Christian I know there are people who live for that kind of lifestyle. It reminds me of harper valley PTA. A group of people are so much better than everyone else. They have the ''wisdom, knowledge and astuteness'' to judge others....yet when ya people the public layers of BS off their smarmy faces, they are nothing but hypocrites. :)
637 posted on 3/3/02 10:27 AM Central by ~Kim4VRWC's~
My first reaction was that this public hanging would blow over and that people would quickly realize that they were being manipulated by ricky roberts and possibly the ''pitbull attorney''. (It started after the pitbull attny was hired) Maybe there is a cop that spoke to ricky. maybe the cop is buddies with the pitbull attorney.
Right now, I would venture to guess that pitbull attorney is THRILLED at all the negative publicity the poor parents are receiving..or have received. He'll try to bring it up in court..that's a given. I think it was a terrible distraction from the investigation. Maybe sometime in the future the issue will be addressed.(even though Brenda did say it was hurtful rumors..that wasn't enough for ricky)
643 posted on 3/3/02 10:44 AM Central by ~Kim4VRWC's~
Golitely says to be sure to tell everyone that these are snippets mostly; the entire thread can be examined by clicking on the link above. She also says, either "someone" has a really bad memory, or else (by now) a very long nose. She says that generally it's smart to reread what you've written before spouting off about it if one wants to avoid these kinds of revealing moments.
Oh, and before she leaves, she says, "Don't make me dig out the rest of the threads! There are lots, lots more!"
With no apologies to the apologists, I remain
MizSterious
Game set match!
Just got back from the community egg hunt. We are now the proud owners of 29 Eggs in various hues. Kids are in the yard re-inacting their astounding and victorious exploits of the morning.
Have a Joyous Resurrection Morn.
Nothing like quoting a bunch of words that can come back and bite a person on the ass...
Oh, ~Kim~ come out and play, where ever you are....:~)
sw
DW: No, no, not at all. But umm.....I'd say I left here about 10:30 and there was nothing going on when I left and when I came back that evening at about 3.....30,
Apparently, he didn't go home and go to bed as according to previous reports. Guess he's not so old, he's past tomcatting around like some have suggested.
To: Luis Gonzalez I understood Danielle to be well under 13, in fact one report said she was in the 2nd grade--or am I mistaken? Post #775 775 posted on 2/13/02 11:43 AM Central by MizSterious [ Post Reply | Private Reply | To 765 | View Replies | Report Abuse ]
To: golitely No, that was my mistake. 782 posted on 2/13/02 4:32 PM Central by Luis Gonzalez [ Post Reply | Private Reply | To 775 | View Replies | Report Abuse ]
To: golitely You know what? If this rumor turns out to be true, and if Westerfield did it, I really think they should arrest the mother and father as accomplices-FROM GOLITELY. Of course you want them arrested and jailed. They had sex,and you think anybody that has sex deserves to be punished. What else do you agree with the Taliban and the Ayatollah's of Iran about?435 posted on 2/12/02 6:23 AM Central by sneakypete
To: Hillary's Lovely Legs; Luis Gonzalez; All Please also see post #60 on this thread. Roberts appeared on Fox News Channel yesterday, and under critical questioning from Van Susteren, insisted that his source was very trustworthy. If Roberts is lying, his career and his reputation is toast. But do read this--if it came from law enforcement as he claims, it's utterly and completely damning. 796 posted on 2/13/02 7:09 PM Central by MizSterious
And Luis, I would like to add that Jim Robinson has asked us not to use this board for personal attacks. Liar is an ugly word, and not necessarily true in this instance, since most of us--including you--are speculating about what might have happened that night. Debate is one thing, but now it's getting personal, and it shouldn't.865 posted on 2/14/02 8:28 AM Central by MizSterious
And before you deny it, why did luis keep calling you golitely?
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