Skip to comments.Account for Danielle's search still has $24,000 (What about money promised to Laura Recovery?)
Posted on 03/31/2002 1:52:12 PM PST by FresnoDA
The other issue about the article might be nothing at all, but I'm thinking back to what happened in Oklahoma City when we started hearing about all the cases that had been put together with bad or even faked evidence. This was the Joyce Gilchrist scandal--Ms. Gilchrist was a forensics "scientist" working for the OKC PD. So far 8 people (average time served was 8 years, but some served as much as 15 years with NO privileges, because they refused to confess) have been released from prison, because they had not--could not have--committed the crimes. More cases are still under review.
Shortly after the depth of this horror began to be known, the DA and several other officials took an "early retirement." When I saw this article, it made me wonder if there might be some other reason for this rather large group of retirees, too. San Diego's "Joyce Gilchrist" just might be their D.A.
According to information I've found in researching Pfingst, he was involved in a number of scandals and questionable legal practices, just like our own OKC DA and Ms. Gilchrist. There is the Hartless Case, for instance: the "Sex in the DA's Office" scandal where prisoners were allowed sexual privleges in the library in exchange for false confessions. A woman named Sky Flanders revealed the DA's Office coached her testimony, encouraging her to commit perjury. An article detailing the sordid facts around this case can be found here
Under Pfingst, the DA's office has also told investigators to suppress evidence on occasion. The man is controversial, and some of this might explain why so many police personnel signed an open letter in favor of his opposition in this race.
Stories of ethical lapses and a morale decline taint the administration of Paul Pfingst. Some believe San Diegos district attorney looked the other way when a few of his prosecutors didnt play by the rules.
By Ron Donoho
Five peopleeach convicted of murder in two oddly intertwined caseswere exonerated to varying degrees during one breathtaking week in late August. The cell-clearing was fallout from allegations of prosecutorial misconduct during two series of trials (and appeals) that cost taxpayers millions of dollars.
The murder casesof SDPD Officer Jerry Hartless in 1988 and Ocean Beach resident Dusty Harless in 96share a commonality beyond the close spelling of the victims last names. The prosecutor in each case was subsequently handpicked to become upper management in the administration of San Diego District Attorney Paul Pfingst.
Since Pfingst took office in 94, there has been a 50 percent reduction in crime, child-support payment has increased 300 percent, and the welfare rolls have been cut in half, he says.
Does Pfingst deserve credit for these numbers? Yes, at least some. But word in the legal communityfrom deputy D.A.s to defense attorneys to judgesis that a cloud hangs over the Pfingst administration. Running unopposed, he was elected to a second term in 1998. But hes losing allies and political clout at an alarming rate.
Why? Critics say he sends mixed messages, favors some deputies over others and often cares more about politics than prosecutions. Pfingst has fired two members of his gangs unita deputy and an investigatorfor lying. If you lie, you die, says Pfingst, who granted an exclusive interview to San Diego Magazine. Its that simple. Integrity is the critical component. I tell every new hire what they say or do must be treated like gold, taken to a bank and put in a vault. Anything less is unacceptable. If you lie, you will be fired.
Pfingst did not, however, fire two administrators whose widely debated actions culminated in the August prison purge. Keith Burt, who tried four gang members in the Hartless case and was once the number-three ranking member of Pfingsts team, did take a voluntary demotion. Burt is currently the subject of an investigation that could lead to his being disbarred.
Peter Longanbach tried the Harless murder case. After he won a conviction of SDSU student David Genzler, Longanbach was promoted by Pfingst to head the D.A.s economic fraud division. Longanbach resigned earlier this year. He is at the center of two investigations by the state attorney general: for prosecutorial misconduct in the courtroom, and for running a real estate businessat taxpayer expenseout of the D.A.s office.
Further flattening the local wheels of justice are a pair of recent gender-discrimination lawsuits filed by two female deputy D.A.s. A $250,000 decision in favor of one of the women is now on appeal. That case, involving prosecutor Laura Akers, curiously dovetails into the Keith Burt saga. (More on that later.)
Complaints about a district attorneys officepast, present, here or elsewhereare not altogether uncommon. In San Diego, about 300 lawyerseach holding the title of deputy district attorneyprosecute individuals accused of heinous criminal activity. Rare is the convicted drug dealer, batterer, rapist or murderer who has something flattering to say about a D.A.
It would be one thing if inmates and their attorneys were doing all the griping. But a large number of complaints are coming from within the D.A.s office. More than a dozen deputy D.A.smost of whom say their jobs would be risked if they spoke for attributionsay office morale is at an all-time low.
Terri Perez, a part-time deputy D.A. in the downtown gangs prosecution unit, is one office member who has not felt a sinking of morale. I hear about morale being low, and I get e-mails, but I dont see it, she says. I think there is a vocal group of individuals that are mostly older. I dont think the younger deputies are as involved with the morale issue.
Others say younger deputies are dismayed they arent being promoted quickly enough. Depending on whom you ask, thats either because theres an oversupply of older, higher-ranking deputies or its due to quotas on how many in the office could hold the highest pay ranks.
One deputy who falls in the middle of the age spectrum says, Anyone who thinks morale is good is either out of touch or covering for the administration. Id like to know what parallel universe theyre living in. This deputy reports that peersyoung and oldare embarrassed to admit where they work. At parties, they introduce themselves as lawyers, not as deputy D.A.s.
According to a veteran deputy, The universal opinion in the office is that Paul Pfingst has covered up for people because they are his darlings. Another deputy says there is a feeling in the office that anyone who criticizes the administration will be ostracized. You dont complain, or bad things will happen to you, the deputy says. You get reassigned or you get transferred.
Pfingst specifically denies shielding Longanbach and Burt because of personal friendships. Referring to Longanbach, Pfingst says, Ive never been to his house, and I wouldnt be able to recognize his wife. And regardless of a rumor to the contrary, my wife has never met Peter Longanbach and has no financial relationship with him. It would be hard to find somebody I socialize with less than Peter... I have been to social events with Keith, and I know his wife, Brenda. Keith and I have been to lunch. But were not drinking buddies. And I couldnt tell you who he supported in the  election.
On complaints of low morale within the office, Pfingst says: My sense is that the highest achievers have the highest morale, and your lowest achievers have the lowest morale. Thats true for most organizations. Generally, you design programs around your highest achievers. You just try and deal with your low achievers. If you give your high achievers the tools to work with, they can succeed and do a lot of great things.
I work with some driven people. I work with some other people, too. Thats part of the deal. For every person who lets you down, you have 50 who exceed your expectations. For every naysayer and whiner, you have 100 who are coming to work every day to see how they can make a difference in this community.
Still, many in the office say one key to a decline in morale was the unprecedented act of the state attorney generals office serving a search warrant on the D.A.s officeto obtain information in the Longanbach investigation.
No previous record could be found of the state attorney general ever serving a search warrant on a D.A.s office. But Pfingst says the February 2000 search was not out of the ordinary. People who dont know this area would think its an extraordinary event, he says. Its not. The search warrant is a traditional device they use when searching a lawyers office.
One member of Pfingsts upper administration did take offense at being served a search warrant. A number of people have expressed the sentiment that the office is demoralized, says Dan Berglund, chief of the D.A.s office of investigations. Especially because of the search warrant. Were in law enforcementwere not used to being on the other side of the door.
I disagree that the search warrant had to be done in the manner it took place. Nobody here would have destroyed records or case files. It was distasteful because [the state attorney generals office] had teams on each floor, beating on doors. It made you wonder what their opinion of our office is... They seem to lack trust in our office.
Gary Schons, head of the San Diego office for the state attorney general, says a search warrant was a necessary step given the circumstances, but was nonetheless distasteful and was a grave decision.
When Peter Longanbach resigned his position as chief of the economic fraud division in the D.A.s office, a press release was issued. Dated March 3, 2000, it quotes Longanbach as saying, It is with mixed emotions that I leave this fine office, and many friends who work so hard to protect the people of this county...
The press release goes on to say, Longanbach has decided to retire in order to spare his office, colleagues, family and friends further disruption and turmoil caused by allegations made against him earlier this year, allegations he adamantly denied.
Other than Pfingst, Longanbach has had few supporters.
The state attorney generals office is looking into allegations that Longanbach coached a witness to lie. That witness in the 96 killing of Dusty Harless, Sky Flanders, who was Harless fiancée, later testified that Longanbach advised her to commit perjury. Flanders testimony was crucial in putting David Genzler behind bars.
Rebecca Harutunian was the deputy D.A. originally assigned to retry the Genzler case. Harutunian later testified that Flanders and a D.A. investigator told her Longanbach coached Flanders to withhold information. Harutunian also testified that she met with resistance from superiors when she began the legal process of bringing this information to light.
An appellate court recently disagreed with the second-degree murder conviction in Genzlers first trial. He received a lower sentence of involuntary manslaughter in August. With time served, its expected Genzlerwhos been out of jail since July 1999will not be put back behind bars.
Thank you!! Yes, this explains it. I was going by the "running transcript" which was vague on this issue--the couple of words there could have meant many things, but your transcript is much more detailed. A lot of people on the net are assuming--as I did--that it meant 200 handprints in the motor home. Well, this does make a lot more sense! I've been wracking my brain trying to figure out how 200 prints ended up in Westerfield's motorhome. Even if he opened it up to neighborhood kids--which I can't imagine him doing--two hundred? Thanks again. This helps.
Ewwwww, that was awful! Upun my soul!
That's hyper even for hyperbole. And schizophrenic. The hyperbole is obvious, but consider the schizophrenia: If Pfingst has 50 out of 51 people working for him who *exceed* his expectations, than he has very low expectations, yet at the same time his other comments indicate he *believes* (and certainly "markets") his office as being one of the best.
That dizty schizophrenia goes further. Pfingst whines on half the time about how there are so many not going along with the plan: "for every person who lets you down", "for every naysayer and whiner". Yet he says at the same time that its only 1 in 101 or 1 in 51.
He is a very confused man.
(Note also similarity in Pfingst's expression "for every person who lets you down", to that of reported BvD comments.)
Unless those who donated the money earmarked it for this purpose, yes. Is the Red Cross greedy for using our millions of dollars intended for 9/11 victims for upgrading their offices and giving raises to personnel? I think so. If they had asked for money for that purpose, it might be different. All of the ads asking for donations stated they would be going to 9/11 victims. It is the same with the van Dams, and the same with the family in your community. If the doners intended for it to help the family buy a new house, then no problem. If not, they're less than honest.
It almost looks as though the SDPD has done the same thing here. You know, I would probably have given them more credibility if they hadn't almost immediately focused on one person to the exclusion of all others. With the large number of registered child molesters in the area, not to mention "party goers" and other neighbors, how on earth could they possibly "clear" all of them immediately, without any investigation? They were cleared before they had time to actually investigate them!
By Leonard Novarro
SAN DIEGO (Reuters) - The man charged with abducting and murdering 7-year-old Danielle van Damhad 64,000 sexually provocative images of what appeared to be teenage girls in his computer files, investigators said on Tuesday.
Testifying at a preliminary court hearing in the case against David Westerfield, police said a search of his computer equipment also included about 100 pictures of girls engaged in sexual activity, girls provocatively posing with animals, or` performing sexual acts with animals.
San Diego Police detective James Watkins, a computer specialist, told San Diego Superior Court he seized "highly organized" computer files from Westerfield's home.
The files, stored on four computers, a palm pilot (news - web sites), CD-ROMs and computer disks, also contained several animated series, including one depicting a young girl being bound by rope and raped. The girls appeared to be teenagers rather than pre-pubescent children, Watkins said.
Other forensic experts, confirming previous police reports, said they had found bloodstains matching Danielle's in Westerfield's motor home and on one of his jackets, and had found Danielle's fingerprints in his motorhome.
Boyce also suggested the girls in the photos might have been "morphed" together from various images of older women and altered to look younger. "Some people look older than others at different ages, don't they?" the attorney asked Watkins.
"Some look younger too," Watkins said.
The photos were introduced over the defense's objections after prosecutor Jeff Dusak argued that they provided a motive for Danielle's abduction, which has remained unclear.
CHILD PORNOGRAPHY: IT IS A CRIME
Why do pedophiles collect and disseminate child pornography? Special Agent Lanning states, "It is difficult to know with certainty why pedophiles collect child pornography and erotica. There may be as many reasons as there are pedophiles. Collecting this material may help pedophiles satisfy, deal with, or reinforce their compulsive, persistent sexual fantasies about children. Some child erotica is collected as a substitute for preferred but unavailable child pornography."1
Lanning further states Collecting may also fulfill needs for validation. Many pedophiles collect academic and scientific books and articles on the nature of pedophilia in an effort to understand and justify their own behavior . In this material pedophiles share techniques for finding and seducing children and avoiding or dealing with the criminal justice system.
Pedophiles swap pornographic photographs the way boys swap baseball cards. As they add to their collections, they get strong reinforcement from each other for their behavior.
The need for validation may also partially explain why some pedophiles compulsively and systematically save the collected material. It is almost as though each communication and photograph is evidence of the value and legitimacy of their behavior.
Some of the child pornography and erotica collected by pedophiles is saved as a souvenir or trophy of the relationships with children. All child victims will grow up and become sexually unattractive to the pedophile. In a photography, however, a 9-year-old stays young forever.2
Associates of an Infoseek exec arrested for using chat to solicit a minor may have been shocked and surprised, but not the FBI.
As it turns out, a corner office at a high-profile, high-tech company isn't such an unlikely place to find an online pedophile -- not according to records being yielded from a three-year-old Federal Bureau of Investigation crackdown on Internet pornography.
Of the 413 people arrested as part of the agency's "Innocent Images" investigation since 1995, "only a handful have not been upper-middle-class, educated white men," said Special Agent Pete Gulotta who serves as the investigation's chief spokesman. "They're almost all white males between the ages of 25 and 45.
"We've had military officers with high clearances, pediatricians, lawyers, school principals, and tech executives," Gulotta said of those arrested under Innocent Images.
Dr. Chaiken reported that of the 95,000 sex offenders in State prisons, 60,000 most likely committed their violent sex crimes against children under age 18. The majority of those serving time for violent sex offenses against children committed their crimes against victims age 12 or under. He endorsed the implementation of the National Incident-Based Reporting System, which collects more detailed crime information, leading to higher quality crime data and, ultimately, stronger laws.
Hackers against pedophelia
Valor tracks down pedophiles over the Internet, breaks into their computers, erases any child porn images he comes across and destroys their hard drives. Then he hacks into the target's Internet Service Provider to change the log-in message so that every user who tries to get on the net that day learns that one of their members was found in possession of kiddie porn. For good measure, he sends the pictures and directory to the ISP's systems administrator, "so they don't come after me," Valor says. Valor tracks down pedophiles over the Internet, breaks into their computers, erases any child porn images he comes across and destroys their hard drives.
Graphic Pedophiles always have been out there. The Internet didn't create them. But it gave them a huge and seemingly anonymous arena in which to trade child pornography or to lure children into sexual encounters. Just like the real world, much of the Internet is safe for children. But electronic conversation areas called chat rooms or chat channels allow direct, unsupervised contact between adult strangers and children, most of whom would never talk to adult strangers face to face. What more could a sexual predator ask for? "Historically, pedophiles thought they were alone out there," McCants said. "Now it's booming on the Internet because they feel validated. It almost makes them more aggressive." Put pedophiles together with millions of teen-agers discovering their sexuality and surfing the World Wide Web, and you have a situation ripe for abuse. "Your children are actually with some stranger in their bedroom," Hubbell says of online predators, called "travelers" by investigators. "These guys will travel all over the country to meet these kids who say yes."
Recently, the U.S. Supreme Court rejected an appeal to a new federal law banning the sale of sexually explicit material on military bases. Such a law is warranted considering the rash of sex scandals in the military. The less provocation the better. However, rapists and pedophiles, for whom such a ban is needed even more so, are free to purchase, view and display obscene material. ,P. In a recent case in New Jersey, Judge Alfred Wolin of Federal District Court in Newark handed down an outrageous decision. A suit was filed by two pedophiles who challenged a law banning pornography from the states Avenel correctional facility for repeat sex offenders. (Washington Times, 7/2/98) Judge Wolin stated that the laws broad language was unconstitutional and that the state failed to prove that such a ban would rehabilitate prisoners. (New York Times, 7/23/98) According to the 1986 Attorney Generals Commission on Pornography, more than half of rapists say they were provoked to commit an offense by pornography, and 42 percent of child molesters "implicated pornography" in their crimes. (Washington Times, 7/2/98)
In Maricopa County, Arizona, Sheriff Joe Arpaio enforced a ban of all depictions of frontal nudity in his jails. One inmate, when he was denied his subscription to Playboy, filed a suit citing First Amendment violations. In the papers he filed, the inmate claimed he was denied access to newsworthy interviews and investigations. (Washington Times 7/28/98) A three-judge panel in the 9th Circuit Court of Appeals in San Francisco declared Arpaios ban unconstitutional. Again, broad language was the reason given. The panel did suggest that a more specific definition of "sexually explicit" would create a new case. (Washington Post, 7/18/98)
The following was posted by Val Pal not so long ago..
SOURCE First three paragraphs not included in this post.
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 pedophiles 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 offenders 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.  Authors Best and Luckenbill discuss the characteristics of loners, colleagues and peer deviants in Organizing Deviance (1992).  Reported by CNN January 28, 1997.
I suppose one can trust the media (the same folks who told you Bill Clinton was such a nice guy, remember?) or you can use the sworn testimony--the transcripts of which have been posted on many threads--which states that he had 64,000 IMAGES, less than 100 of which were questionable. Val whines about Fresno's "screaming HTML" but honestly, Kim, you are the master of it. Especially if you're trying to repeat a lie (64,000 sexually provocative images) enough times that maybe people will think it's true.
The profile of the pedophile...can be anyone. Not some freak in jail or living on the street..but can be from business owners to pediatricians to the nice neighbor living across the street.
Pedophiles possess no tidy criminal profile. They come from all walks of life. Some are married, some single; some professional, some blue-collar; some young, some retired. Some prefer boys, and some prefer girls. Some are attracted to young children, others to older children. In short, pedophilia, or sexual attraction to children by an adult, is a sickness that does not discriminate by race, class, or age. It knows no bounds, and afflicts people in every segment of society.
Most pedophiles do, however, share several characteristics. The overwhelming majority of pedophiles are male. Only a very small percentage of women abuse children sexually, and they are usually cooperating with a male aggressor.
Few pedophiles are able to resist their powerful urges to initiate sexual contact with children. As a result, child molesters often make efforts to gain access to or authority over children. They take jobs where children are easily approached, or they actively pursue youngsters by befriending parents (particularly single parents), attending events for children, coaching children¹s sports, chaperoning camping trips, frequenting video arcades, or offering baby-sitting services to friends, family, and neighbors with children.
The majority of pedophiles prefer children on the brink of puberty and prey on a child's sexual ignorance and curiosity. To quote one molester, "Give me a kid who knows nothing about sex, and you've given me my next victim."
Small groups of militant and highly organized child molesters operate worldwide through pedophile organizations, whose members claim genuine concern for the welfare of children. Their belief is that sex with children is harmless; some even claim tthat sexual relations are healthy for children. These groups' goals include decriminalizing child molestation and lowering the age of consent.
The actual number of members in these organizations is unknown, though one, the Rene Guyon Ssociety, is listed in the Gale Encyclopedia of Aassociations as having five thousand members. Other major ppedophile organizations include NAMBLA (The North American Man-Boy Love Association) and PAN (Pedophile Alert NNetwork) in the Netherlands. Members receive monthly mmagazines and newsletters that include seduction ttechniques and advice on avoiding detection and pprosecution. One group¹s "Lure of the Month" column gives advice on approaching and seducing children. In one mmonth¹s column, soap crayons were praised for their eeffectiveness: "Children undress themselves!"
NAMBLA's "Entrapment of the Month" column has alerted members to covert government child-pornography sting operations. In one newsletter alone, NAMBLA ccorrectly identified ten sting operations in five different states. In just three years, NAMBLA exposed and compromised four federal sting operations as well, including Project Looking Glass, Candy¹s Love Club, Project Sea Hawk, and Project Borderline. Clearly, these organizations have connections.
In addition to attending pedophile conferences and conventions, some child molesters meet via the Internet where they may swap methods, success stories, even names, descriptions, and images of children. Customs officials indicate that the anonymous nature of Internet communication is quickly replacing the printed pedophile newsletter.
While the average child molester does not belong to a pedophile organization, we would be foolish not to take seriously any group whose members are committed to sexual activity with children. Indeed, pedophiles are often difficult to detect and can be found in the most unlikely of places. Knowing this, we must provide our children with the tools to recognize and avoid potentially abusive individuals and situations.
Some 310 deputy district attorneys, many of them rebelling at Pfingst's management style, have declined the county's terms for renewing their job contract. One deputy DA, Mark Pettine, is running for Pfingst's job in the March 5 primary.
If it were only a dozen or so, I might think that this is just a political ploy. But 310 deputy district attorneys?? There might be more to this than meets the eye.
Really? Should we just ignore the sworn court testimony if it doesn't agree with your beloved little theories? When it comes to the porn, that's what's "steering" me. You're saying it's the wrong direction? Have you written to the D.A. yet and told him of your concerns? I mean, my goodness, Kim, those l.e. guys must have lied on the stand, because after all, you know the real story! Maybe you should quit your day job, Kim, and send your resume in to the SDPD!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.