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.

[FresnoDA]

OK Mom....

[Freedom2specul8]

Yep, got it, thanks. *in* the dresser...

[Freedom2specul8]

Yep, I found it... I wish I had those links sooner..but wasn't reading this thread with ''intense curiousity''. Tis appreciated.

[UCANSEE2]

There is a Bill "Libby" listed on the internet as an RV Salesman.

Is it the same Bill Libby ? I don't know for sure.

(See WWW.GIANTRV.COM)

[Freedom2specul8]

Do you guys think it's unusual to find permanent stains on laundered underwear?

[RnMomof7]

While I was researching yesterday (I keep looking for the name of the person that found the body of Danielle) the name BILL LIBBY came up. It came up again today in an earlier reply (by FresnoDa, I believe) that he was the friend of Damon's that Damon was going on a father/son snowboarding event with.
I am going back to see why it came up in relation to search for Danielle's body. Seems he had something to do with the Danielle Recovery Center.
Also that woman friend (retired policewoman) of Brenda's was appointed to head the Danielle Recovery Center just prior to her body being found.
Just coincidences, I suppose.

Do we know if Mr. Libby or the lady cop are a part of the VD's swing set?? Or is they just playgroung monitors? Are they covering for themselves too??

[FresnoDA]

For those of you new to the VD threads (IE:kimmie and UCANSEE!!) here is an accurate player(no swing pun intended) list...LOL

Thanks to MizSterious for updating the VD trial information.......Will come in handy around Mid-May!!

DANIELLE VAN DAM

California v. Westerfield

Participant/Witness List

Danielle Van Dam victim
David Allen Westerfield suspect

Brenda Van Dam victim's mother
Peter "Damon" Van Dam victim's father

Ronald Domnitz Judge
William Mudd Judge

PROSECUTORS
Paul Pfingst District Attorney
Jeff Dusek Deputy District Attorney
George "Woody" Clark Prosecutor, DNA expert

DEFENSE TEAM
Steven Feldman Lead
Robert Boyce Second
Marion Pasas, investigator

POLICE INVESTIGATORS/WITNESSES

BINGO - search and rescue certified cadaver dog possibly used in van
Dam neighborhood search - from the (?) Riverside County Sheriff's
Dept.

Blackbourne, Brian, ME - performed autopsy

Brown, Matt - FBI agent; member of investigative team for first week

Collins, James, Lt. SDPD - arrived at VDs at 10:30p 2/2/2, searched neighborhood

Duncan, Lt. Jim - spoke outside Van Dam home on 2-13; Duncan said
the couple's "lifestyle is not our focus. That is not the direction we
are going to go; we want to solve this case."

Faulkner, David Forensic Entemologist

Frazee, Jim - member of CARDA and the San Diego Sheriff’s
Department Search and Rescue Bureau. He has trained two dogs to
Mission Ready status in trailing, area search, and cadaver.

Graham, Jr. - Jeffrey Latent Print Examiner

Halley, Det. - Found bloodstains on stairway wall.

Herbert, Matt - child abuse [FBI?] agent; described as "key member
of team" by Lt. Jim Collins on stand

HOPI - Visla German Shepherd search and rescue certified cadaver
dog, works with Jim Frazee of the San Diego Sheriff's Search and
Rescue Bureau.

Keyser, Mark - Forensic Specialist, attempted jailhouse interviwer

Keene, John, Det. - Did not smell bleach in RV or in garage of DW

LeAlcala, Karen - Forensic Specialist, pulled prints from RV

Mobley, SDPD

Morris, Dave, Det. SDPD

Muren, Tim, Sgt. - Went to Dehesa w/ Collins when body was located

Newman, Ron, Capt. SDPD Captain

Ott, Michael - Forensic Specialst, attempted jailhouse interviwer

Parga, (?) - searched DW's house with Det. Keene

Peer, Annette DNA Specialist, SDPD 19 yrs - searched RV 2/5, 6, 8.

Ray, John, Det. SDPD

Redden, Paul - civilian polygraph examiner for SDPD

Savage, Dorie Criminologist - processed Danielle's room on 2/2, found
what might be blood in threshhold of doorway from garage to side
yard, on side of home and found drag marks in side yard.

Sorianno, Sean Assistant Criminologist

Sperber, Norman, DDS Forensic Dentist

Torgeson, Terry SDPD - interviewed girls at dry cleaners (female)

Vanway, Det. SDPD

Watkins, Jim, Det. Computer Foresics Lab - pulled things off DW's
son's computer

Woods, Judy, Sgt. - Went to Dehesa w/ Collins when body was located

Youngflesh, (?) - SDPD child porn investigator

WITNESSES

Baker, DDS Danielle's regular dentist, provided x-rays to Sperber for
identification

Belom, Kelly - Twin Peaks Dry Cleaners employee

Brady, Rich - husband of Liz, provided pot to BVD

Conklin, Dan - Dano's Towing, who first said he towed DW's RV out on Sat. Feb. 2, but actually towed it out on Sun., Feb. 3.

Danielle ? DW's former girlfriend's daughter, photos of her in bathing
suit found on computer

Easton, Barbara witness interviewed

Garcia, Bill, private investigator who coordinated the 20 person volunteer group that searched the area of Dehesa road "on a hunch", finding the body of Danielle van Dam around 2:15 p.m. Wednesday, Feb. 27 after another search party had checked the site on Saturday.

Gary ? DW's friend, met him at Dad's on 2/1/2

Genovese, Carmen 20 year friend of DW (male)

Halfman, Diane - retired policewoman and family friend who headed the Danielle Recovery Center and spoke to the media on several occasions.

Hamburg, Kirsten witness interviewed

Himmel, Denise witness interviewed

Hoeffs, Christina - Westerfield's neighbor, aka Mrs. Kravitz on forum noticed "unusual" lights and closed blinds in DW home on 2/1/2 SDPD dispatcher and married to highway patrolman

Keith (?) - the 68 yr old man who owned land where DW's motorhome was stored.

Layla - the van Dam's silent, bed-tearing dog

LePage, Patricia - allegedly saw Brenda dancing at Dad's with DW - BVD was asked if she knew LePage, BVD asked if Lepage was invited back to the VD house - Lepage's testimony was stipulated.

Libby, Bill - From Qualcom, was invited by BVD to Dad's on 2/1/02, wife out of town, was going to go snowboarding with Damon on Sunday, may have spent the night at the VD's prior to incident, started up the memorial fund at the church.

Lipe, Patrick - co-owner of Dad's, was at Dad's Feb, saw and spoke to DW.

Mark ? Sabre Springs resident, DW told police he saw Mark on 2/2 when he returned to neighborhood to retrieve his wallet. DW told needed to reach him.

Mills, Julie clerk at Twin Peaks Dry Cleaners

Morgan, Chris witness interviewed (believed to be female)

Nasland, Glennie - stipulated witness from Dad's

Pierce, Douglas - Millennium Children's Foundation; reported the van Dams for suspected child abuse after offering $10, 000 reward

Stone, Keith - friend of van Dams, present @ Dad's & pizza party

Terell, (sp?) Ryan - BVD asked if she knew him, BVD asked if she invited him back to the VD house.

van Dam, Derek - Danielle's brother

van Dam, Dylan - Danielle's brother

Winterstein, Susan From Laura Recovery Center, contacted Collins to advise that searchers located Danielle's body at Dehesa

Young, Cherokee - allegedly saw DW and BVD dance, Young's testimony stipulated; BVD asked if she knew Young, BVD asked if she invited Young back to the house.

FresnoDA Note....

Three Dogs are listed on the Witness list!!  LOL

BINGO, HOPI and LAYLA.....

[Freedom2specul8]

thanks for the list flamin fres, I'll add it to my webpage, as well as links to the official transcripts. ~(:-D)

[FresnoDA]

Never quite had the money to pull it off.

Have we got a finance program for you.....

BILL LIBBY FINANCE

You can raise $25,000 in cold hard cash, in less than 45 days.

Call now, 1-800-NO-SHME for a personal recommendation.

---

Here's one of our satisfied customer testimonials.....

"We were up to our eyeballs in debt, but in less than 60 days, Bill Libby finance had us a brand new BMW...and we are planning on buying a new house as well."

Let Bill Libby show YOU how to do the same!!

[MizSterious]

Here's the most recent version of the cast of characters in this mess. I don't know if it's the same Bill Libby, but the name might be fairly common? He's listed here as being an employee of Qualcomm.

---

LAST EDITED ON Apr-23-02 AT 03:02 PM (EST)

DANIELLE VAN DAM

California v. Westerfield

Participant/Witness List

Danielle Van Dam victim
David Allen Westerfield suspect

Brenda Van Dam victim's mother
Peter "Damon" Van Dam victim's father

Ronald Domnitz Judge
William Mudd Judge

PROSECUTORS
Paul Pfingst District Attorney
Jeff Dusek Deputy District Attorney
George "Woody" Clark Prosecutor, DNA expert

DEFENSE TEAM
Steven Feldman Lead
Robert Boyce Second
Marion Pasas, investigator

POLICE INVESTIGATORS/WITNESSES

BINGO - search and rescue certified cadaver dog possibly used in van
Dam neighborhood search - from the (?) Riverside County Sheriff's
Dept.

Blackbourne, Brian, ME - performed autopsy

Borjorque, officer - if called he would say that he interviewed Dylan

Brown, Matt - FBI agent; member of investigative team for first week

Collins, James, Lt. SDPD - arrived at VDs at 10:30p 2/2/2, searched neighborhood

Duncan, Lt. Jim - spoke outside Van Dam home on 2-13; Duncan said
the couple's "lifestyle is not our focus. That is not the direction we
are going to go; we want to solve this case."

Faulkner, David Forensic Entemologist

Frazee, Jim - member of CARDA and the San Diego Sheriff?s
Department Search and Rescue Bureau. He has trained two dogs to
Mission Ready status in trailing, area search, and cadaver.

Graham, Jr. - Jeffrey Latent Print Examiner

Grubb, Mike - San Diego crime lab manager

Halley, Det. - Found bloodstains on stairway wall.

Herbert, Matt - child abuse [FBI?] agent; described as "key member
of team" by Lt. Jim Collins on stand

HOPI - Visla German Shepherd search and rescue certified cadaver
dog, works with Jim Frazee of the San Diego Sheriff's Search and
Rescue Bureau.

Keyser, Mark - Forensic Specialist, attempted jailhouse interviwer

Keene, John, Det. - Did not smell bleach in RV or in garage of DW

Labore, Howard SDPD - initial questioning of VD's

LeAlcala, Karen - Forensic Specialist, pulled prints from RV

Mobley, SDPD

Morris, Dave, Det. SDPD

Muren, Tim, Sgt. - Went to Dehesa w/ Collins when body was located

Nelson, Lt. Bill - supervisor of the San Diego police canine unit

Newman, Ron, Capt. SDPD Captain

Ott, Michael - Forensic Specialst, attempted jailhouse interviwer

Parga, (?) - searched DW's house with Det. Keene

Peer, Annette DNA Specialist, SDPD 19 yrs - searched RV 2/5, 6, 8.

Ray, John, Det. SDPD

Redden, Paul - civilian polygraph examiner for SDPD

Savage, Dorie Criminologist - processed Danielle's room on 2/2, found
what might be blood in threshhold of doorway from garage to side
yard, on side of home and found drag marks in side yard.

Sorianno, Sean Assistant Criminologist

Sperber, Norman, DDS Forensic Dentist

Torgeson, Terry SDPD - interviewed girls at dry cleaners (female)

Vanway, Det. SDPD

Watkins, Jim, Det. Computer Foresics Lab - pulled things off DW's
son's computer

Woods, Judy, Sgt. - Went to Dehesa w/ Collins when body was located

Youngflesh, (?) - SDPD child porn investigator

WITNESSES

Baker, DDS Danielle's regular dentist, provided x-rays to Sperber for
identification

Belom, Kelly - Twin Peaks Dry Cleaners employee

Brady, Liz - P.R.

Brady, Rich - husband of Liz, provided pot to BVD

Call, Paula - P.R.

Conklin, Dan - Dano's Towing, who first said he towed DW's RV out on Sat. Feb. 2, but actually towed it out on Sun., Feb. 3.

Danielle ? DW's former girlfriend's daughter, photos of her in bathing
suit found on computer

Day, Adam - spokesman for the nearby Sycuan Casino.

Easton, Barbara witness interviewed

Fraunces, Sara - P.R.

Garcia, Bill, private investigator who coordinated the 20 person volunteer group that searched the area of Dehesa road "on a hunch", finding the body of Danielle van Dam around 2:15 p.m. Wednesday, Feb. 27 after another search party had checked the site on Saturday.

Gary ? DW's friend, met him at Dad's on 2/1/2

Genovese, Carmen 20 year friend of DW (male)

Halfman, Diane - retired policewoman and family friend who headed the Danielle Recovery Center and spoke to the media on several occasions.

Hamburg, Kirsten witness interviewed

Himmel, Denise witness interviewed

Hoeffs, Christina - Westerfield's neighbor, aka Mrs. Kravitz on forum noticed "unusual" lights and closed blinds in DW home on 2/1/2 SDPD dispatcher and married to highway patrolman

Keith (?) - the 68 yr old man who owned land where DW's motorhome was stored.

Kemel, Denise - pizza party participant

Layla - the van Dam's silent, bed-tearing dog

LePage, Patricia - allegedly saw Brenda dancing at Dad's with DW - BVD was asked if she knew LePage, BVD asked if Lepage was invited back to the VD house - Lepage's testimony was stipulated.

Libby, Bill - From Qualcom, was invited by BVD to Dad's on 2/1/02, wife out of town, was going to go snowboarding with Damon on Sunday, may have spent the night at the VD's prior to incident, started up the memorial fund at the church.

Lipe, Patrick - co-owner of Dad's, was at Dad's Feb, saw and spoke to DW.

Mark ? Sabre Springs resident, DW told police he saw Mark on 2/2 when he returned to neighborhood to retrieve his wallet. DW told needed to reach him.

Mills, Julie cleark at Twin Peaks Dry Cleaners

Morgan, Chris witness interviewed (believed to be female)

Nasland, Glennie - stipulated witness from Dad's

Pierce, Douglas - Millennium Children's Foundation; reported the van Dams for suspected child abuse after offering $10, 000 reward

Quirk, John - Chief Ranger at Silver Strand

Stone, Keith - friend of van Dams, present @ Dad's & pizza party

Terell, (sp?) Ryan - BVD asked if she knew him, BVD asked if she invited him back to the VD house.

van Dam, Derek - Danielle's brother

van Dam, Dylan - Danielle's brother

Winterstein, Susan From Laura Recovery Center, contacted Collins to advise that searchers located Danielle's body at Dehesa

Young, Cherokee - allegedly saw DW and BVD dance, Young's testimony stipulated; BVD asked if she knew Young, BVD asked if she invited Young back to the house.

[FresnoDA]

Yep, I found it... I wish I had those links sooner..but wasn't reading this thread with ''intense curiousity''. Tis appreciated.

Kimmie, FYI...the Official Court transcript links were posted April 24....it is not like they just became available yesterday......see this post....

To: MizSterious;spectre;Amore;Travis McGee;BunnySlippers;Doughtyone;Hillary's Lovely Legs;Snow Bunny...

People v Westerfield Prelim Transcripts

March 11, 2002, AM

 

March 11, 2002, PM

 

March 12, 2002, AM

 

March 12, 2002, PM

 

March 14, 2002, AM

 

March 14, 2002, PM

These are the official Court Transcripts, as requested by many on the forum.....happy hunting......

FresnoDA

116 posted on 4/24/02 9:27 AM Pacific by FresnoDA
[ Post Reply | Private Reply | To 115 | View Replies | Report Abuse ]

[MizSterious]

Oh I see you found it and posted it! Well, now we have a double post! So sorry! (Check the one I posted, though, for a few more names added after your orignal posting.)

[spectre]

In case it slipped by you..from transcript

1.Q. Let's talk a little bit if you could. Where did you collect it from?

A. They were in the bedroom, in the pink bedroom over in the corner near the closet in the dresser. .

Again, in the transcript..

Q. Why did you collect the underwear?

A. Well, because they were reportedly the last clothes that he victim had worn.

~Kim~, how did they know these panties were the last pair the victim had worn?

Surely, they know just who put them in the drawer?!

Was Danielle in the habit of putting dirty underwear in the dresser drawer? Did Damon put them there? Why weren't they left in the bathroom if she took a bath? Did she take a bath? This is all very strange.

Nothing should have been touched in that crime scene, nothing, Kim. And Damon should not have been using the vacuum cleaner either.

sw

[FresnoDA]

Wait a minute kimmie....you are all over the thread that first posted the OFFICIAL transcripts....so....what do you mean by your statement, wish I had access to these transcripts sooner!!!  HHHMMMMMMM  Fresno(flamin)DA!!!

To: HoHoeHeaux, fivecatsandadog, wonders, mommya, Hildy, vacrn, tutstar, ThinkingMan, RnMomof7, Amore

Ring a dinga bamalama ding dong

See post number #124 by jaded. Death penalty sought.

130 posted on 4/25/02 7:21 AM Pacific by ~Kim4VRWC's~

[MizSterious]

In the case of Jahi Turner, they made the whole house a crime scene--the family had to stay in a hotel! So why the different treatment for the van Dams?

[Brytani]

Don't get too excited over it, this is California after all, the land of nuts and fruits. He'll be sentenced to death then spend the rest of his life sitting in a cell while the leftists rally on about how "nice of a guy he is".

[Jaded]

Urine doesn't contain DNA. That was what the argument was. Most people consider it unusual for a 7 year old to have a discharge in the vaginal area.

[spectre]

Don't know WHY the van Dams were treated differently? But I have a feeling when the trial gets underway we are going to find out...:~)

sw

[Freedom2specul8]

FOR YOU flamin and on fire FRES

So, I always ping people...there ya go again...reading things and seeing things that aren't there!

[Jaded]

I would imagine that since it was stated in the PH that they were the last underwear that she had on that they were not laundered. Also, I don't think laundered underwear would have DNA that has not been contaminated by chemicals in the wash. JM2.5c.