PROSECUTORS TO SEEK DEATH PENALTY IN WESTERFIELD CASE

Union Tribune/KFMB ^ | April 25, 2002 | Harry Jones

[FresnoDA]

Westerfield hearing could be focused on death penalty

By J. Harry Jones
UNION-TRIBUNE STAFF WRITER

April 25, 2002

A San Diego Superior Court hearing has been scheduled for 9 a.m. today for David Westerfield, the Sabre Springs man accused of kidnapping and murdering 7-year-old Danielle van Dam.

The attorneys involved in the case are prohibited from discussing it because of a gag order, but it is possible that prosecutors will announce whether they will seek the death penalty against the self-employed engineer.

His attorneys have insisted on Westerfield's right to a speedy trial, which is scheduled to begin May 17. He is being held in County Jail without bail.

After Westerfield's arrest Feb. 22, prosecutors filed special allegations in the case, accusing him of committing murder during a kidnapping, which gives them the option of seeking his execution if convicted.

District Attorney Paul Pfingst has a protocol on reaching a decision that usually takes several months; the case is reviewed by a panel of senior prosecutors. Defense attorneys also have the option of meeting with Pfingst.

It has been just over two months since the charges against Westerfield were brought, and because of the gag order it has not been possible to determine whether the panel made a recommendation or if Westerfield's attorneys met with Pfingst.

The district attorney makes the final decision. If he chooses not to seek the death penalty, Westerfield would face a maximum sentence of life in prison without parole.

Danielle's family lived two doors from Westerfield. Her parents reported her missing Feb. 2, and police quickly focused on Westerfield as the prime suspect.

Prosecutors said DNA testing proved that blood found on some of Westerfield's clothing and in his motor home was Danielle's.

Volunteer searchers found the girl's body Feb. 27 east of El Cajon in a stand of oak trees just off Dehesa Road. The cause of death has not been determined because of decomposition of the body, officials said.

[FriarTom]

Mitochondrial DNA is not the same as the DNA in your bloodstream, at least not as you may understand it. Mitochondrial DNA is...well...the easiest way to put is that it is the DNA of an organism that exists within nearly all of your cells. They are your cells' energy source. In the case of the underwear stain, the stain is a combination of urine and vaginal discharges, which would contain skin cells and other discharged tissue which would contain Mitochondrial DNA. Want to see a pic and a brief description of a mitochondria? A HREF="http://cellbio.utmb.edu/cellbio/mitoch1.htm">Mitochondria/A

[UCANSEE2]

By the way, your own statements proved what I said about you.

Look babs...I have had every insult under the sun posted, and have had a few freep mails that are unpostable, accusing me of being Rick Roberts, Feldman, friend of Westerfield (That is Danielle Westerfield to you!) or simply a pedophile myself....Luis G..... But I have been on board with the VD threads from day one.

You also have done nothing to prove any statements you have made. You have repeatedly done nothing more than repost old news articles or repeat what was listed in a previous reply by another poster.

At least, that is what has been happening lately. I remember back when these threads on Danielle's disappearance first started, then went on to DW's arrest. You quickly jumped in and many people on FR assumed you were a District Attorney, or had some 'insider' link to the DA in this case, so you seemed to became a STAR for your 15 minutes. After a while, you had to admit to people that you had no special inside connection and were not a DA at all. You now have clung to the Van Dam and Westerfield threads for dear life. You also seem to have turned into MizSterious's lackey. (By this I mean you have quit thinking for yourself, and have found someone that is stronger and more knowledgeable than you, so you follow them around and agree with them.)

I am just as sure that were I to meet you and MizSterious face to face, I would probably find you to be very friendly, considerate people. Sometimes the hideous beast seems to come out when protected by a COMPUTER SCEEN.

I think all that contribute on FR and these threads about Danielle will all achieve something positive in the long run. Let us hope that is that the REAL PERPETRATOR(s) is found and convicted of the crimes that have been committed.

And may God Bless Danielle, and have mercy on the rest of us.

[FresnoDA]

Time to get serious again...

UCANSEE2 has got me thinking about something....

Now, the "panties" were found inside of a drawer.....Miz and yourself did a good scenario of a little kid cleaning room.....

but...could it be that the stain was conveniently left to be found by SDPD????

I am not so sure about this...there has been a lot of speculation on the sleuth boards that The Demon is in fact not the bio-dad of Danielle.....could the stain be there to refute or muddy these waters???

Why else would the Prosecution submit...there was NO DW DNA on the panties, at least it was not revealed at the Prelim....you can bet your last dollar, if David/Daniel (whatever) Westerfield DNA or Semen had been discovered on a pair of panties, in concert with Danielle's DNA.....

Well, Kimbo and I would be sharing email addresses......LOL

But still......Douglas Pierce is haunting in his comment that if the world knew what he knew, they would demand that the 2 remaining children be in protective custody.  Along with the diary entries, the inference of sexual activity and possible molestation seems apparent, at least by Pierces weird standards.

Pierce still has a challenge outstanding, that he will take a Polygraph by the same examiner if the VD's will as well.

Another weird situation, the VD's SDPD "Retired Policewoman" friend, was involved from the get go...pictured in the courtroom, and would have been an excellent confidant to have on hand prior to meeting with detectives for testimony review.

HHHmmmmmm......

[UCANSEE2]

Thank you so much, FriarTom. I was getting so tired of being yelled at by others on this thread, acting as if they knew it all, and everyone else is a bunch of dummies. Had I explained the details of Mitochrondrial DNA and what Mitochondria are, they would not have believed me. I am not sure they will even understand your explanation. I tried explaining that the officer could plainly see, "here's a pair of recently used, unwashed underwear, this would be the best place to get DNA samples". The fact that they couldn't see this was just hard to accept.

[UCANSEE2]

Next time, I'll get out the big letters, or let Fresno do it in screaming HTML.

So, you admit, FresnoDA is your lackey ?

[spectre]

UCANSEE2 is good people, we just got into a heated discussion, and I hope she stays with us!

Yes, I have heard the rumors that Damon wasn't Danielle's father, but how can we really substantiate them?

As for "planting evidence", I remember the Defense in the OJ trial seemed to be forever going down that road. So I suppose it happens more than we realize.

It's gonna be a great trial!

sw

[spectre]

I still hang up on the miraculous finding of "unwashed" underwear in a drawer...like.."Hey, let's look in the dresser drawer and see if we can find a pair of unwashed, stained underwear?" Then, against all odds.. "Eureka! Look what we have here!...

It's a miracle, I tell you!

sw

[FresnoDA]

At least, that is what has been happening lately. I remember back when these threads on Danielle's disappearance first started, then went on to DW's arrest. You quickly jumped in and many people on FR assumed you were a District Attorney, or had some 'insider' link to the DA in this case, so you seemed to became a STAR for your 15 minutes. After a while, you had to admit to people that you had no special inside connection and were not a DA at all. You now have clung to the Van Dam and Westerfield threads for dear life. You also seem to have turned into MizSterious's lackey. (By this I mean you have quit thinking for yourself, and have found someone that is stronger and more knowledgeable than you, so you follow them around and agree with them.)

Ok.....now I see what is going on....You and Kimmie, both from the wonderful state of Misery.....it took your last rant to flush out what is happening here.

1.    You are in fact the kim-monster.

2.    You are a lackey of kim.....

Either way, your fascination with 15 minutes of fame...that is lame.  Are you saying that anyone who posts is looking for fame??  Again, we are anonymous.  

Finally, I am sorry you are not getting the info you want out of my answers.  Other than rehashed Union Trib stories and the Transcripts, THERE IS NO OTHER information...geezz. Remember the gag order.  That is why the VD threads have slowed to a crawl...except for arguments and sniping such here in example....

And I have never stated to be LE.....people have inferred, and I have always responded cutely or as you stated smart aleck like.

If I were in fact LE, I would be crazy to reveal.....right?

FresnoDA (Just a screen name!!) LOL, Hugz and Kisses.....~:0)~

[UCANSEE2]

Listen. I let myself be drug into the negative mode again and I don't like it.

So, please accept my apologies for all the negative things I have said. They are not and should not be part of this thread, nor this forum.

What would be really helpful would be a thread where posters could establish FACTS. I know Kim and maybe Fresno had establish a QUESTION thread. It would be real nice to have an ANSWER thread.

Then again, what damn difference will it make? The DA's office and the Police are withholding information/evidence until the trial. Some of this is legally necessary to protect the rights of the accused.

It would also seem the mass media releases plenty of dis-information, but they do this on every news subject, always have and always will.

So let me ask some other questions. Maybe we can discuss these rationally.

If Westerfields's guilt was a SLAM DUNK, what would you expect to be done (as far as the quickness of trial, releasing info to the public)?

If there was evidence it might have been Damon, what should happen?

If the evidence against Damon was a SLAM DUNK, then what ? Just some thought provoking questions.

[FresnoDA]

I respect your comments spectre, so I will tone down, but I am still a bit suspicious that kimmie and UCANSEE2 are one in the same, being from Missouri and all.....LOL

[Jaded]

On another forum, this statement was made: Listen to what is not said.

The original statement was DNA from panties matched DNA found in the RV and on Westerfield's jacket. That match provided a conclusive link between Danielle and DW. When the police chief made that statement he NEVER said who's DNA was on the panties. The media did what they wanted to with it. It was said that way for a reason, and the journalists took the bait. The chief will never be on the hook for it because he was not specific. The debate at this point is on what the "stain" is.

[Jaded]

Brenda did say "Hi Dave."

[FresnoDA]

If Westerfields's guilt was a SLAM DUNK, what would you expect to be done (as far as the quickness of trial, releasing info to the public)?

One might expect the defense (Feldman) to drag feet, stall, muddy, etc....

If there was evidence it might have been Damon, what should happen?

The Demon, with as many holes in his PH testimony, should be under the same cloud of suspicion as DW.  Also, the SWING SET lifestyle allegations, never denied by the VD's, makes the non-believability of both Brenda and The Demon suspect.

If the evidence against Damon was a SLAM DUNK, then what ? Just some thought provoking questions.

Well, if the evidence against The Demon were Slam Dunk, then DW would not be in jail....but then again, if The Demon were not suspected of possibly framing DW, then the evidence, (all be it circumstantial) against The Demon would be much stronger....

IE:    He was the last person to have seen her alive.......

Please notice general overall toning down kimmie/UCANSEE2 or whomever!!!  LOL

[demsux]

I respect your comments spectre, so I will tone down, but I am still a bit suspicious that kimmie and UCANSEE2 are one in the same, being from Missouri and all.....LOL

Hey, wait a minute...I'm from Missouri too. That's weird, three conservatives from Missouri...what are the odds

[UCANSEE2]

In none of my posts have I stated as fact that there is anything more in the testimony than what is printed there. I have, on the other hand asked questions about how and why the stains might have gotten there, and what it might mean in regards to the case.

OK. The testimony states there was a pair of underwear with a yellowish stain. You have questioned how and why the stains got there and what it means. You do not accept they are just urine stains because DNA cannot be taken from Urine. There have been other posts now explaining exactly how DNA is taken from dirty underwear.

You seem to be asserting that the stain is more than just urine. We won't know that until the trial. My argument was that it was in all likelihood, URINE, and you told me I was wrong.

Now , can you see the possibility that your speculation is unfounded?

[Jaded]

Here's my question though, if it was stated that those were the last known clothes that she wore, who knew it? If her father was the one to identify what the last thing she wore was, WHY would he know? She's 7 she could dress herself. My daughter always wore and still does underwear under her pj's. So was Danielle wearing them under the pj's after she bathed or before? If before, why would only the panties be in the drawer, where are the rest of the clothes she had on that day? The implication is that these were removed by the perp and dumped in the drawer. What's up with that? Who was it?

[Doc Savage]

1. Can anyone state that they saw DW enter the DVD/BVD house? No.

2. Was DW ever in the DVD/BVD house before? As testified to, No.

3. Can anyone testify to having seen DW with DVD at anytime that evening or afterwards? No.

4. Can anytone place DW at the scene of the crime? No. Not unless forensic evidence exists indicting him. 5. Can anyone clearly state and support a motive for such an abduction and murder by DW? No.

6. Can anyone state how DW murdered DVD? No.

Unless the prosecution has clear, dramatic, overwhelming and convincing evidence of DW's guilt, this trial will hinge on circumstancial evidence and implication. Frankly, I think a fair-minded jury (provided with ALL (read DVD/BVD lifestyle) evidence would be hard pressed to convict him without a smoking gun.

[FresnoDA]

Doc, can I now be your lackey??? BUMP....(Sarcasim/Smart Aleck Mode-On)

[UCANSEE2]

Start with the major discovery in a drawer full of underwear, that this ONE particular stained pair was the one she wore that evening? Amazing. How'd they know that?

I believe it was the only DIRTY pair of underwear they found in the drawer.

Next, the mere mention that Damon's DNA was connected to the yellow-stain sends up Red Flags. He was the last one to see her alive.

The blood spot found on the carpet and jacket of Westerfield's from his motorhome and the swab taken from the yellowish stained area of Danielle's underwear were found to have a match to DNA samples of Damon and Brenda, OR a biological offspring of theirs (namely Danielle).

Finally, if it was "nothing", then why introduce it at the trial? The presumption it was connected to David Westerfield WAS there...and "over-ruled"..

Evidence and chain of custody. They had to have a DNA sample from Danielle (before they found her body, remember) and dirty underwear is one of the best sources. Things like toothbrush, hairbrush could be, but could be cleaned or contaminated by others. sw

[bvw]

It's not even clear Danielle was murdered.