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PROSECUTORS TO SEEK DEATH PENALTY IN WESTERFIELD CASE
Union Tribune/KFMB ^ | April 25, 2002 | Harry Jones

Posted on 04/25/2002 9:15:24 AM PDT by 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.


TOPICS: Breaking News; Crime/Corruption; News/Current Events; US: California
KEYWORDS: vandam; westerfield
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To: UCANSEE2, friartom
Hi uncansee2 and friar...I'm going to have to beg off and read your posts and reply tomorrow. I have had a long day... sweetdreams
341 posted on 04/29/2002 7:10:24 PM PDT by Freedom2specul8
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To: Jaded
Fresno, that was tack tack tacky

I thought he was calming down until today..I'll see ya tomorrow. I'm not feelin well tonight.

342 posted on 04/29/2002 7:11:55 PM PDT by Freedom2specul8
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To: spectre
But then, I'm from Arkansas

Really ? Arkansas, beautiful country, especially the Ozarks.

343 posted on 04/29/2002 7:46:40 PM PDT by UCANSEE2
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To: FriarTom
Pertaining to the underwear. Think about this.

What Brenda, in the morning when she rushes to Danielle's room to search for her, finds the underwear on the floor, and in a rush, picks them up and sticks them in the drawer.

Maybe she did it to try and hide something, maybe she did it out of reflex, thinking other people might be going through Danielle's room, and she didn't want her underwear just lying on the floor.

344 posted on 04/29/2002 7:51:48 PM PDT by UCANSEE2
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To: UCANSEE2
Really ? Arkansas, beautiful country, especially the Ozarks.

Little Rock is definitely more attractive now that the Governer's mansion doesn't have the cars up on blocks and hookers hanging around at all hours...

345 posted on 04/29/2002 7:54:20 PM PDT by demsux
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To: UCANSEE2
I would think she would put them in the dirty clothes. It was a few minutes before they actually realized she was missing.
346 posted on 04/29/2002 8:06:56 PM PDT by Jaded
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To: FriarTom
Friar, I made a poor attempt at an example(about VD PR team) knowing you in fact are not in that camp, and you were unfortunately caught up in a snippy little flame-out....dog gone VD apologist, get me every time!!! 

Your post#319 was very well thought out...and like Jaded said, you are thinking outside of the VD apologist box.  Welcome to FR, and please don't let my asinine actions sour your first visit/post!!

Please accept my apologies, and to Jaded and others, I will flog myself with an evening of reading 100 straight kimmie posts......AAAHHHHHH.....I don't know if I will in fact survive....please forgive......me.......AAHHHHHH FresnoDA

347 posted on 04/29/2002 8:30:21 PM PDT by FresnoDA
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To: Jaded

Note the Gal standing to the left of Brenda VD...That is her Policewoman friend, Dianne.....

So she was on the scene from the "get-go" it seems....This photo was taken 2-3-02, just hours after the reported disappearance of Danielle....

SAN DIEGO, CA - (2-3-02) Friends, family and authorities are looking for a young girl missing from her Sabre Springs home. Seven year old Danielle Vandam has not been seen since late Friday night when her father put her to bed. When he went to check on her early Saturday morning, the young girl was missing. Search and rescue teams have been scouring the area without success.


348 posted on 04/29/2002 9:20:17 PM PDT by FresnoDA
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To: demsux
For those of you who are looking for an FDA blast from the past......here you go....

ANOTHER ANGLE: THEORETICALLY SPEAKING....

If you were just hearing about these people for the first time, and knew nothing of the case, just who was around that night...and a little background... would you still choose DW to be on trial?

 

 

 

 

 

 

 

If this were all that you had to go on.. who would you look at first. If you had no fingerprints or blood to go on. Add that in after you make your choice, does it work?

 

HERE ARE SOME POINTS TO PONDER

From the Van Dam Memory Division......

 

Major points of consideration, which have arisen in the past few days.

 

Basic Swinging

    Swinging can be an emotionally charged lifestyle. First of all, we "are" talking about having sex with someone other than your own spouse. That by itself can be a daunting prospect, especially for couples who haven’t talked a lot about their sexual fantasies. Second, every event you attend is a test of your people skills: you must make a conscious effort to behave diplomatically, and that’s not always easy when you’re used to dealing with your spouse who knows and understands your moods and various tones of voice. Finally, finding couples whom you are attracted to and who are attracted to you is a lot like dating, you try to make a good impression, you send what you hope are appropriate signals, you ask the big question, and you might get rejected. Here are some "basic rules" to remember.

    Basic Rules

     1)   Never attempt to break up a couple.
     2)   Set your limits and stick to them. If the other party cannot accept them, leave!
     3)   Move at your own pace, don’t let someone rush you into something you may regret later.
     4)   Always keep the first meeting on a no strings attached basis, but be prepared to swing if it is    mutually agreeable or to give an honest answer if something doesn’t click.
     5)   Don’t lie and cheat on your soul mate. If you do you're in the lifestyle for the wrong reason.
     6)   Always keep dates unless you give ample notice of changing circumstances.
     7)   Don’t cross other people’s limits.
     8)   Never, under any circumstances exert pressure on a partner to swing.
     9)   Protect the anonymity of other swingers by refraining from name dropping.
    10)   Always maintain the highest standards of personal cleanliness and appearance.
    11)   Do not engage in any unlawful activity that would discredit swingers as a group.
    12)   Communicate and be honest with your soul mate and other swingers.
    13)   No, thanks, means NO! No explanation needed.

    Remember a swing club is the last place to be shy. To be successful you need to be open.

349 posted on 04/29/2002 9:25:46 PM PDT by FresnoDA
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To: UCANSEE2
Ok....I have served my penance....and here is a nugget from the archives......FDA aka (15 Minutes O Fame)

To: ~Kim4VRWC's~

I'm GLAD they've not found evidence that the parents are killers. Aren't you? It would be terrible to see the kids suffer even more tragedy, correct?

Well kimmie, that is a bit of a loaded question.  As for the remaining VD children suffering?  The events to date have been pretty horrible, I agree with you.

I would hope that the parents begin to be forthright about what really occurred that night.....

Sure, the details may be lurid and embarrassing, but if the VD's would have fessed up, totally in the beginning, they would have caught heat, maybe even scorn, but people would have moved on.

It is their actions which keep the suspicions some have (like me!) about their total innocence in the death of Danielle.

Pierce

Drugs

Late night visitors, coming and going....

Impaired thoughts....alcohol, up all night, drugged....

I don't know kimmie....I hope that the right guy is behind bars, and will be found guilty, irrefutably....

But the only problem...every time I get in step with what you are asking.....Damon and Brenda reveal something else....

Until they "tell all" I believe others may feel the same about this strange case....

FresnoDA

325 posted on 3/15/02 6:26 PM Pacific by FresnoDA

350 posted on 04/29/2002 9:28:33 PM PDT by FresnoDA
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To: FresnoDA
You know Fres, I wonder about the DW having "Adult Parties" or did he tell Brenda that he wanted to have Adult Parties? So Bren runs home and calls her sweetie to ask what an adult party is? Gimme a break. More like, "wonder how he found out" or should we let him in our club? Maybe Brenda didn't want to share. According to his friends on another forum he wasn't that much of a, well you know, more like Dam. He certainly had an affinity for well developed, knowledgeable, talented Adult women, despite whatever else they were. You know who I mean. I kind of wonder if he got sucked in over his head so to speak. The VD's were on a totally different playing field. Maybe they were too deviant for him.

Or not.

It just doesn't make any sense. The logic completely escapes me.

351 posted on 04/29/2002 10:27:26 PM PDT by Jaded
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To: FresnoDA;ALL
Good morning, FR-sluethers!

It's a new day, and hope we can put the little flame war behind us we had yesterday...ugggh!

Let's start "fresh" remembering each of us is a valuable link in trying to piece this puzzle together.

This is an extremely interesting case, especially if we leave out the faces and emotion concerning the characters. IMHO, the climate, activities, actions and reactions, of each of the players or "suspects" (I'll call them ALL suspects) should be examined and WILL be examined at the trial.

I will use the Boy Scout motto "Be prepared"

At least we can hold our own when watching the trial because of these threads....and that's a good thing!

Kim, I hope you are well and feeling better this morning....sw

352 posted on 04/30/2002 5:59:59 AM PDT by spectre
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To: spectre
Sounds good to me spectre....I for one would take a 2 day suspension, than another evening of the penance I served...LOL
353 posted on 04/30/2002 6:38:49 AM PDT by FresnoDA
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To: spectre

Brenda VD steps into the "Child Abduction" spotlight......Today Show...

This morning with Jahi Turners mom.

Katie just asked her if she was ruled out as a suspect and Brenda jumped right in and said, "what happened in not important, what is important is that we find Jahi".

They are talking to Brenda more than Tameka Jones.

Now Katie is asking Brenda about the death penalty for David, and if what she thought about it... and Brenda just said, "actually, Katie, I can't talk about the trial..."

Now she asked if there was a message from Tameka to her son or the person who has him and she just said that she wants him back and she said to Jahi that she wants him back....

It is now 7:18 AM here, I will see about a transcript as soon as it is available.

They spent more time on Brenda than Tameka, and Tameka didn't talk much, it seemed that Brenda did the talking for her.

She (Brenda) mentioned that you can go to Danielle's site and download printable flyers of Jahi....

(Oh really, can you Brenda???)


354 posted on 04/30/2002 6:42:04 AM PDT by FresnoDA
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To: FresnoDA;MizSterious;Spectre;demsux;DocSavage;FriarTom;RnMomof7
All of you West/Left Coasters...or those with cable/satelite and local stations...Brenda was on the Today show with Jahi Turner's mother.

It Is All About Brenda

Bren did most of the talking. Jahi's mother looked tired and very nervous. Bren was, well, Bren. They asked about DW and she said she couldn't talk about it. Maybe y'all will get to view.

355 posted on 04/30/2002 6:45:26 AM PDT by Jaded
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To: FresnoDA
50,000 of them. I see you were on top of it this morning.
356 posted on 04/30/2002 6:52:00 AM PDT by Jaded
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To: Jaded

After Brenda VD's spot on the Today show...one word...eeewwwww!!!

Disquieting Disclosures -
The Unbearable Sadness of the Danielle Van Dam Story
by Jennifer King, Senior Editor

March 15, 2002

"The Heretical Housewife"

There sphotohould be no quarter given to those who abuse and defile the trust placed in them by an innocent child. Child molesters are heinous creatures, destroyers of the future who themselves deserve to be dispatched in the most hideous way possible. Whoever murdered Danielle Van Dam (right), whoever dumped her soft little body into dirty scrub brush by the side of the road to be mauled and desecrated by the fangs of wild animals, deserves to die an equally painful and inglorious death. And, Danielle’s parents, Damon and Brenda Van Dam, deserve our heartfelt sympathy for the disastrous loss of their little girl in such a horrid manner.

However, disquieting revelations have been floating around this case since Danielle disappeared on February 1st, 2002. First disclosed by radio talk-show host Rick Roberts, these rumors have been linked to an unnamed San Diego Law Enforcement Officer (LEO). The rumors alleged that the Van Dam’s were “swingers”, who had a special room set up in their garage - with inside locks - where eager participants had orgies replete with heavy drinking and pot smoking.

The Van Dam’s, on their appearances on Larry King Live and America’s Most Wanted, seemed evasive, dodging questions about their personal lifestyle. They also almost immediately hired a PR firm, whose spokesman likewise deflected this line of questioning without denying it outright.

Thursday, in court hearings, both Brenda and Damon Van Dam seemed to verify some of these allegations. At the very least, the Van Dam behavior and home life can be said to have been highly unusual.

Brenda Van Dam (left) gave some staggering testimony. Among the stunners were the revelation that she had left 7-year old Danielle alone, trying on clothes, in Mervyn’s, while she hunted down her 5 and 10-year old sons who were “at other stores” in the same mall. Then, Brenda admitted that she had noticed her neighbor, David Westerfield (right), the accused killer, at a Poway bar, “Dad’s”, the previous Friday, January 25th. Van Dam, who was with two friends, Barbara and Denise, admitted under questioning, that the three women had been dancing together, suggestively, with Barbara even attempting to fondle Brenda’s breasts.

According to testimony, the following week, Brenda Van Dam, Danielle and her brother went over to Westerfield’s house in order to sell him some Girl Scout cookies. Westerfield asked Van Dam why she hadn’t introduced him to her friends, who, he allegedly said, “looked really fun“. She also testified that Westerfield had told her that he often had “adult BBQ’s”, at which, according to Van Dam, he said, “He would provide the salad, but everyone had to bring their own meat.“ Van Dam testified that she told Westerfield to meet her and her friends at "Dad’s" the following Friday, and she would then introduce him to her friends.

On February 1st, the day Danielle would disappear, the following events transpired, according to Van Dam’s testimony. Brenda returned with the kids at approximately 5:30, then went out to pick up pizza for dinner, leaving the children alone in the house. After dinner, her two girlfriends, Denise and Barbara, came over and stayed about 15 minutes. The three women each had a beer, then they and Brenda’s husband Damon, met in the garage, where they smoked part of a joint (marijuana cigarette).

At approximately 8:30 p.m., the three women went to “Dad’s” where they met up with Westerfield. Westerfield bought them all drinks (Brenda testified that she had three cranberry-vodkas, one shot of tequila and one Red Bull). Westerfield says he danced with Van Dam, she initially denied it, but testified under oath that she “couldn’t recall.” She did admit to “slow dancing” with an older man, and testified that Denise and Barbara were “sexual dancing” with each other and with other women in the bar.

Van Dam also testified that the girlfriends met up with two men named “Rich and Keith.” Rich was alleged to be the pot connection, in later testimony given by Damon Van Dam. Supposedly, Keith was very interested in Barbara, and confided to Brenda that he had “popped a “V”, apparently referring to a Viagra pill. He allegedly asked Brenda to facilitate a tryst between the two.

At 2:00 a.m., when closing time was announced, the three women got in Brenda’s truck (allegedly taking hits from the same joint they had smoked earlier) and the two men drove in another vehicle to the Van Dam home. Damon, who was allegedly asleep in his underwear in his own bed, was awakened by Barbara, who climbed on top of the bed. Damon admits to “kissing” Barbara, and “rubbing her back”.

Brenda Van Dam came upstairs about 15 minutes later, informed the couple that they were being “rude” and that they should join the rest of the ensemble downstairs. Yet, after pizza, the remaining guests allegedly left. The Van Dam’s assert that they went to bed at approximately 2:30 a.m. They did not consider checking on their children then, and did not realize that Danielle was missing until approximately 9:30 a.m. the next morning.

Danielle’s naked and decomposed body was found by volunteer searchers on February 27th.

Whether her parent’s lifestyle had anything to do with her death is debatable. Surely, the Van Dams love their children, aged 10, 7 (Danielle) and 5. Yet the Van Dams appear to have engaged in a lot of activities which could be directly and indirectly injurious to their family. There aren’t too many families, for example, where the mother leaves her young children alone while she runs out to pick up dinner. There aren’t too many devoted mothers who routinely spend Friday nights dirty-dancing at the local bar. Wise parents who exercise sound oversight do not partake in the heavy drinking and pot smoking which appear to have occurred on a regular basis in the Van Dam household.

And, most parents simply do not invite a group of drunken, pot-addled barflys over to their home at 2 o’clock in the morning, while their innocent children sleep only a few rooms away. One wonders whether either Damon or Brenda’s “friend” Barbara, ever considered what the children would think should they awaken and find their father with a woman who wasn‘t their mother rolling around on their parent’s bed.

Many dark theories abound as to what might actually have transpired between the Van Dams and David Westerfield. According to the defense attorney, witnesses have offered to come forward to testify that, not only DID Brenda Van Dam dance with Westerfield, but she did so exclusively and in a suggestive manner. Nevertheless, Westerfield may indeed be solely responsible for the murder of Danielle, and if he is found guilty than he should fry.

However, the Van Dam’s do appear to have fostered, at the very minimum, a home environment where the least suitable people would often be around their most precious assets. Their little girl, unfortunately, was the one who paid the price. ***

 

© 2002 Jennifer King


357 posted on 04/30/2002 7:09:06 AM PDT by FresnoDA
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To: demsux
Counting me,thats four!
358 posted on 04/30/2002 7:28:41 AM PDT by BARLF
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To: FresnoDA
"I will flog myself with an evening of reading 100 straight kimmie posts......"

What was it Mom used to say when we played with sharp sticks? "You could put your eyes out doing that!"

359 posted on 04/30/2002 7:40:01 AM PDT by MizSterious
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To: FresnoDA
Also on the Good Morning America Show. I didn't hear the whole thing, but she's loving the spotlight. I think she hopes to be the next John Walsh. (She's well on her way, lifestyle-wise.)
360 posted on 04/30/2002 7:44:52 AM PDT by MizSterious
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