DAVID WESTERFIELD TO FACE JUDGE AGAIN: Van Dam Murder Update 2:00 P.M. Pacific Time

KFMB-CBS ^ | March 28, 2002 | KFMB-CBS

[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.

[Amore]

Excellent (and polite!)response. College basketball is, well, college basketball. At least this case raises important societal questions about the criminal justice system and the sickness of certain elements of society.

[Valpal1]

Her grandmother, at Christmas, on the Disney vacation. Hideous isn't it.

[Amore]

I would hope, if he cops a plea, that he would have to "confess" to exactly how he committed the crime,

Yes, he would have to do that.

[MizSterious]

It was part of the evidence discussed at the prel. hearing. (fingerprints other than Danielle's)

[Slyfox]

Really? I hadn't heard that. Who says so?

It was in an article I read on this forum. Not in the comment section of these threads, but in the body of an article. And it was written shortly after they began seriously looking at Westerfield.

[spectre]

And you are so slow, ~Kimmie~. YOU know what you were suggesting, and I countered with a thought that the van Dams may have had a liking for those catalogs too...they bought their daughter Mickey Mouse earrings.

But come on over to my house...I have a huge Lladro collection and most of them are figurines of children...also have a collection of snow babies. I happen to like portraits and figurines of children...does that make me a "ped"...Oh, and I do have Disney Catalogs.

~sw~

[Freedom2specul8]

Oh spectre, if you don't like the article, fine..but don't act like *I* wrote it...have a mickey mouse kind of day.

[Amore]

Fresno, you're the expert. And you, golitely. In all the articles posted do ya'll recall where a neighbor said he left his RV unlocked? I'm still highly skeptical that he would do this.

[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.

Maybe not, but large portions of pedophile collections are not prosecuteable as pornography. By collecting "erotica" rather than "porn" one can avoid prosecution.

Much has been made of the "less than 100 questionable images" factoid, when in fact, it is not necessarily the illegal images that condemn him, but the ones that normal people find innocuous and unremarkable. The overall nature and perspective of the entire collection will say much.

[spectre]

Glad her Grandmother bought them for her...sounds like the only Normal one in that house-hold. Truth hurts, doesn't it?

sw

[spectre]

How does one have a "Mickey Mouse kind of day", ~Kimmie~?

Please explain.

sw

[Freedom2specul8]

It's interesting to see the collections of of cut out pics... they'll cut out the pics of kids.., (some outcasts will cut out women's)--cut their heads and legs off too..FROM catalogues. (serial killer types) Sick puppies..

[Freedom2specul8]

Before I go, think about the time involved in cutting out each piece, tracing the arms, legs and heads with scissors..quite a ahem..time consuming hobby.

[Valpal1]

Have the police checked ALL the neighbors in that neighborhood?

They did a house to house search with dogs. And hauled in all the registered SO's for intense interviews to account for their whereabouts during the critical hours.

DW was the last neighbor questioned because he wasn't home. The interviewing officer didn't like his answers or body language, (or sweating, either).

Also heard a little birdie say the second, "better trained" dog they used later in the week, was in fact a "cadaver" dog. "Better trained" is a LEO euphemism to spare family and public emotions.

[Bonaparte]

I recall reading that he often parked it down the street and that neighbors sometimes complained about this. Other questions -- did it have an alarm? Did it lock/unlock by remote as well as by key? Did Danielle have a history of straying into places she didn't belong?

[MizSterious]

I read it in a print article, but I can't recall where. Also, it might not be that unusual. He might not make a habit of it, but think about your own automobile habits. You lock the vehicle usually, but when you're loading, or unloading, you leave it open. Then the house phone rings, you talk to Aunt Martha, and even though you are in a hurry, she rattles on and on. Then you're thirsty, you fix a glass of iced tea, rest a second, then head out to finish the rest of the job (loading, unloading, or possibly cleaning). I do know that he was not permitted to leave it parked in his driveway for long periods of time. I, like you, suspect he did not always leave it open either. But sometimes, it could have happened.

Then think about the neighbors' contention that he was having an affair for some 9 months with BVD. Would he have driven about with mom and daughter, perhaps? Would he have allowed the Danielle and/or other children to explore the motorhome, as he did his house?

If any of this is possible, you can be sure Feldman will bring it up.

[Freedom2specul8]

How does one have a "Mickey Mouse kind of day", ~Kimmie~?

Since you're so fast....I'll let you figure it out.
~(:^D)-|--]

[MizSterious]

I guess I have a problem with that line of thinking. I have lots of pictures of cute kids in my house--because they're my relatives, for one, and also because I enjoy pictures of cute kids. My niece sends me pics of her three; I even have some of the proverbial "nude on the bearskin rug" pics of two of them at age 6 months (or certainly under 1 year), which she hints she will delight in showing to others once these kids are grown--relishing, no doubt, the humiliation factor. Some have arrived in my email, and are still on my hard drive.

Now are we to think we are going to be held for child porn for this? Having admitted my horrible "perversion" of keeping children's photos in the house and on my hard drive, should I expect a knock on the door? Will we next say, all pictures are porn of some kind? Yes, I really have a problem with this.

[Valpal1]

When (and if), they get to trial, the defense is going to have to offer a really through explanation of how those prints got in the motorhome. They will have to present witness testimony as to whether it was left unlocked and whether neighborhood children had ever been caught playing in it and whether or not is was an unusual occurrence or a common one.

And that testimony will have to be other than DW's. As the accused, his testimony will be assumed to be self-serving. Also don't know if his attorney will put him on the stand.

Golitely, Fres, can you link to the PH testimony about the prints again? I honestly don't remember the other prints being identified at that time, except for the other Danielle's.

If the other child print's have been positively identified as another neighborhood child, especially a playmate of the victim, it definitely supports the theory that they played there.

[spectre]

You know something, Kim. You are one of the most obnoxious posters I have ever read on FR...:~)

sw