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DAVID WESTERFIELD TO FACE JUDGE AGAIN: Van Dam Murder Update 2:00 P.M. Pacific Time
KFMB-CBS ^ | March 28, 2002 | KFMB-CBS

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.


TOPICS: Breaking News; Crime/Corruption; US: California
KEYWORDS: vandam; westerfield
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To: Valpal1
"But what if no one offers or asks for a plea, = they're confident of their position..
AND the DA doesn't ask for the death penalty. = state's evidence is shaky, they'll take whatever charge/sentence they can get....
41 posted on 03/28/2002 9:18:50 AM PST by fivecatsandadog
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To: Slyfox;justshutupandtakeit
Excuse me for butting in, but...

What neighbors knew it and said so where? There was no such testimony at the PH that I recall, nor have I read such in any media reports.

I have seen it speculated many times on the various VD threads that perhaps it was unlocked and thats how the prints could have gotten there. That is not enough explanation IMHO.

The defense is going to have to explain away those prints very clearly, because it is known that he stored it elsewhere and that it was not commonly parked at his home except when he was preparing for or returning from a trip. Not times adults usually allow children to romp through their RV.

42 posted on 03/28/2002 9:19:54 AM PST by Valpal1
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To: Valpal1
Nice article.....catalogues are their best friends..winnie the pooh, mickey mouse brand underwear.. :-(
43 posted on 03/28/2002 9:21:10 AM PST by Freedom2specul8
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To: Registered;Valpal1
Yeh, we're strange all right. We just believe that swinging, pot smoking, not checking doors or your children, and inviting all sorts of seedy strangers into your home just might contribute to the abduction and death of a little girl. Brother! Who should call who "strange" here?

The number calling good evil and evil good are numberless even here on FR

44 posted on 03/28/2002 9:21:57 AM PST by RnMomof7
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To: fivecatsandadog
I put myself in Westerfields place. IF I were NOT GUILTY, then I would take my chances before saying I was, even if the death penalty was a possibility.

IF he says "guilty", he's a dead man walking even if he gets "life" without parole.

I would hope, if he cops a plea, that he would have to "confess" to exactly how he committed the crime, and then we would have no doubt he really did do it, if that makes any sense.

sw

45 posted on 03/28/2002 9:22:54 AM PST by spectre
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To: golitely
If the neighbors knew that he sometimes didn't lock his motorhome, that might be a pretty good setup wouldn't it? Have the police checked ALL the neighbors in that neighborhood? Any other perverts in the vicinity? If Westerfield is guilty then he deserves to be found guilty and suffer the death penalty. But, what if he didn't do it? I can't help but think that there is a boatload of crap just under the surface here that even the Van Dam's don't want uncovered.
46 posted on 03/28/2002 9:23:13 AM PST by Slyfox
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To: spectre

47 posted on 03/28/2002 9:23:38 AM PST by MizSterious
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To: Slyfox
Westerfield was known to leave his motorhome unlocked.

Really? I hadn't heard that. Who says so? Doing so seems quite counter to what appears to be his anal-retentive personality.

48 posted on 03/28/2002 9:24:38 AM PST by Amore
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To: Valpal1
Val ping me ok..I appreciate this ping..
49 posted on 03/28/2002 9:24:55 AM PST by RnMomof7
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To: Valpal1
The defense was not allowed to enter testimony or witnesses. This was a preliminary hearing, not the trial. At the trial, if there is such information, it will probably be allowed.
50 posted on 03/28/2002 9:25:32 AM PST by MizSterious
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To: Valpal1
Yes, I recall that the camper was not normally parked at his home.
51 posted on 03/28/2002 9:27:07 AM PST by justshutupandtakeit
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To: ~Kim4VRWC's~
Golly day, gee whiz, ~Kimmie~, who bought the Mickey Mouse earrings for Danielle? Westerfield? LOL!

sw

52 posted on 03/28/2002 9:27:13 AM PST by spectre
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To: Valpal1
If it was unlocked and some kids got in, I'm guessing he would know they had been there and started locking it from then on.

In the motor home, they found her blood and her fingerprints. Damning evidence fer sure.

53 posted on 03/28/2002 9:28:36 AM PST by AppyPappy
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To: Valpal1
Kids like to find hiding places to play. I have had to keep my trailer locked at all times because the neighborhood kids who I have found playing in it have parents who tend to be suit-happy. If Westerfield had his RV parked in his driveway at all, kids are going to check to see if it is locked. This is no stretch of the imagination. It is just kids being kids. RV's are like trees. If they can climb into it they will.
54 posted on 03/28/2002 9:28:48 AM PST by Slyfox
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To: Valpal1
Note: In your article, it did not say "solely". Pedophiles collect lots of pictures. I doubt they have a moral aversion to "real" kiddie porn.
55 posted on 03/28/2002 9:29:54 AM PST by AppyPappy
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To: AppyPappy
But they also found the fingerprints of one of her playmates, "Jennifer," and his girlfriend's daughter, whose name is also Danielle.
56 posted on 03/28/2002 9:30:15 AM PST by MizSterious
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To: spectre
Um what are you talking about? Ok I'll just TELL YA! ::wink wink::

We were referring to the article Val posted about pedophiles pornography collections, such as pictures of kids in underwear from catalogues.. You are so ready to jump aren't ya.

57 posted on 03/28/2002 9:30:47 AM PST by Freedom2specul8
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To: golitely
His girlfriend's daughter is an "of course". I have never seen anything about the Jennifer evidence. The guy is a sicko. I'd hate to think who had been in there.
58 posted on 03/28/2002 9:31:48 AM PST by AppyPappy
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To: fivecatsandadog
AND the DA doesn't ask for the death penalty. = state's evidence is shaky, they'll take whatever charge/sentence they can get....

I have wondered if they won't ask for the death penalty because they have no evidence (that we know of, yet) of sexual assault or actual cause of death because of the ravaged condition of her body.

A lot hinges on that "pornography collection" that turned out to be "less than 100 questionable images". See my post #21 about the nature of pedophile "collections". The DA entered that into evidence as proof of motive. Lacking forensic evidence, are they going to use circumstantial evidence to prove the sexual nature of the crime? Ask yourself about the nature of the non-pornographic images? Will they demonstrate an obsession with children?

59 posted on 03/28/2002 9:31:50 AM PST by Valpal1
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To: spectre

60 posted on 03/28/2002 9:31:53 AM PST by Freedom2specul8
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