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.
I wouldn't know about that. I have never partied like the Van Dams. Their kind of partying in my opinion would have attracted unsavory people, including Westerfield and the friends that Brenda Van Dam dragged home with her. I wonder if Westerfield had the need to stalk Danielle as her mother kept popping up at his house. Well, at least she has admitted to knocking on his door a few times. Whether Westerfield is guilty or not there are too many shadows trailing after the Van Dams and they are not pretty. And, I keep thinking of the dog that didn't bark.
Without a source: From another forum, one very knowledgible (we really need spell check) individual states they have evidence, but not motive or how it was done. So far the evidence is the DNA in the RV and the finger prints. No DNA evidence of him in the VD house or Dani's room. Plus over 100 unidentified finger prints from the RV. What happened to that anal-retentive-ocd-clean freak? That my friends leaves you with Well, we have someone but DID he do it.
My vote for David is NO. Give me more credible evidence and we'll talk. Thanks, have a nice day.
As as Christian you should understand "you reap what you sow". The VD's allowed unsavory people in to their home. Their lifestyle choices contributed to the unsafe environment their children lived under, whether they waited until the kids went to bed or not. Not, the kids were awake when they were out in the garage entertaining MJ. Do not confuse that with they didn't love their kids, that argument has been raised before. One does not equal the other.
On a brighter note, have a great Easter!!
FREEDOM!
Dr. Christopher I. Swalwell -- in consultation with his boss, San Diego County Medical Examiner Dr. Brian D. Blackbourne, and the department's chief deputy, Dr. Harry J. Bonnell -- made the crucial decision to convert the cause of death from accident to homicide.
Initially, after Kristi Miller's body was found on the night of Aug. 23, 1993, in a pasture behind her home in the city of Imperial, Swalwell ruled the 28-year-old woman had died accidentally from numerous head wounds apparently inflicted by an ornery cow.
But five months later, the pathologist formally changed his opinion, calling the death a homicide.
Jeffrey Miller's attorney, Everett L. Bobbitt of San Diego, is blunt in his assessment of the Medical Examiner Office's role.
"They were incompetent," Bobbitt said. "They didn't spend the necessary time to determine what happened. Only after political pressure did they change their minds. They gave him (the sheriff) the opinion he wanted."
Blackbourne said, "That is absolutely not right. I don't think this has any effect on the Medical Examiner's Office."
Swalwell did not respond to repeated requests for comment.
Although Kristi Miller's cause of death officially was changed from an accident to a homicide Jan. 28, 1994, her husband wasn't charged and arrested until April 1997.
When the District Attorney's Office repeatedly declined to file a murder charge, the sheriff sought assistance from state and federal officials. Neither the state Department of Justice's Bureau of Investigation nor the U.S. Attorney's Office in San Diego would prosecute, officials say. Later, a new district attorney was elected and agreed to file the murder charge. The District Attorney's Office declined to comment.
That may be so, but it's only useful to further bolster an already airtight case. Any other use ought to lead the jury to suspect a witch hunt and to reward the prosecution with a walk or a mistrial.
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