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.

[Jaded]

#377- David's ex-brother-in-law, has know him over 20 years.

[Freedom2specul8]

Now I understand where ya'll are coming from... thank you for your polite and informed replies.

I have an idea about this..but let me look something up first.

[Southflanknorthpawsis]

Now there, folks, is a grieving parent. We haven't seen one in the van Dam case.

Yep !!!! No matter how one shakes it up, NONE of the VD behavior shows any "normal" signs. People can talk about the various methods of grief all they want, but sooner or later it should show. Not only have the VDs shown little emotion, but they seem to be enjoying life to its fullest.

[Freedom2specul8]

Wrt: 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.

I recalled reading for example, that unless the water reaches a temp of whatever, it doesn't kill bacteria. Would the same principle apply to dna?

[MizSterious]

Do you ping people before even reading any of the messages? Is that one of those things I've seen called "mindless pings?" Your ping message on that other thread was directly after the message where Fresno posted the transcript links.

[Freedom2specul8]

http://www.aegis.com/pubs/aidsline/1998/dec/M98C7418.html
Abstract: A discussion is conducted on the results of the application of the technique for hybridizing nucleic acids to the detection of cytomegalovirus (CMV) in urine samples

Correct me if I'm wrong, but if the urine had unique bacteria, the dna of that bacteria can be identified...click here for more info on that.

http://www.genelex.com/paternitytesting/paternitybook2.html
Urine Success with DNA analysis of urine is less common, as healthy individuals do not shed nucleated cells into the urine. Conventional testing is more likely to yield results, and is used in disputes over samples that have been tested for drugs.

[MizSterious]

"Also, I don't think laundered underwear would have DNA that has not been contaminated by chemicals in the wash."

Flash back to the OJ trial, and the spots of blood on Nichole's gate. When they talked about the DNA they found, the OJ defense team brought in experts that stated that some common, every day detergents (like what we wash clothes with) would cause the DNA to deteriorate and be unreliable. I would say ditto with the undies. They wanted used, dirty undies for her DNA, then, not clean ones. (Although, I still wonder, why not her toothbrush or hair brush?)

[Freedom2specul8]

Yep they're always MINDLESS. Just like most of yours are thoughtless.

[FresnoDA]

UCAN....my recollection is that Bill Libby is a Mortgage Banker, or Financial guy....don't recall him being an RV salesman....I am researching at this moment..

Sorry, had to repost one of my tired old articles to reference this point.....Fresno(flamin)DA

---

Van Dams undecided on how money will be used

By Kristen Green
UNION-TRIBUNE STAFF WRITER

March 24, 2002

After Danielle van Dam was abducted from her Sabre Springs home, neighbors, friends and even strangers volunteered to help out. Some put up fliers in storefronts around the county, and others joined the search party. But many also opened their checkbooks.

As of Friday, more than $33,000 had been donated by people from New Jersey to Oregon.

During the search for the 7-year-old, donations totaling more than $10,600 flowed into an account in Danielle's name. And since the discovery of her body in rural East County nearly a month after she was reported missing, an additional $22,800 has been deposited.

"We didn't go open an account and ask for money," said family friend Bill Libby, who handled donations for the van Dams. "I opened the account because people wanted to donate money."

Initially, the family expected to use the donations to pay for search expenses, like posters and fliers. After Danielle's body was found, the family Web site said additional donations would be used to pay memorial expenses.

But Libby said the family's expenses have been limited because of numerous donations, from fliers to cremation fees. So far, the van Dams have spent $4,200 of the donations to buy banners, posters and buttons.

And they are writing a $5,000 check to the Laura Recovery Center, which coordinated the search for Danielle.

The family hasn't decided how to use the remaining $24,000.

"I'm sure in due time that they will turn their attention to the appropriate and productive use of those funds, but right now they're really still dealing with the loss of their daughter," said family spokeswoman Sara Muller Fraunces.

Close friends have suggested the van Dams take their time considering how the money will be used. Libby has said the funds could be used to pay for counseling for the family, and the van Dams are considering establishing a local foundation to conduct searches for missing San Diego children.

After Danielle's parents realized she wasn't in her bed the morning of Feb. 2, people began donating money to cover search expenses. Libby tried to open an account at Wells Fargo on behalf of the van Dams.

But the account had to be set up by a nonprofit organization, and a family friend who attends Community Bible Church in Scripps Ranch asked the pastor if the church would sponsor the account. Even though the van Dams aren't members of his congregation, the Rev. Barry Minkow agreed.

Minkow, who was convicted of securities and bank fraud in the late 1980s and served a 71/2-year prison sentence, doesn't have access to the van Dam account, church treasurer Bruce Brown said.

Brown said he is the only person who can withdraw money from the account, taking requests for checks directly from Libby, who acts on the van Dams' behalf.

[Freedom2specul8]

http://www.fbi.gov/hq/lab/handbook/examsdna.htm#Saliva and Urine

Absorb suspected liquid saliva or urine onto a clean cotton cloth or swab. Leave a portion of the cloth unstained as a control. Air dry the cloth or swab and pack in clean paper or an envelope with sealed corners. Do not use plastic containers.

Submit suspected small, dry saliva- or urine-stained objects to the Laboratory. Pack to prevent stain removal by abrasive action or packaging materials during shipping. Pack in clean paper or an envelope with sealed corners. Do not use plastic containers.

When possible, cut a large sample of suspected saliva or urine stains from immovable objects with a clean sharp instrument. Collect an unstained control sample. Pack to prevent stain removal by abrasive action or packaging materials during shipping. Pack in clean paper. Do not use plastic containers.

[Southflanknorthpawsis]

Gosh......since Brenda is so concerned about Jahi's mom, maybe she could donate some of the money to aid in the search for this little boy.

That is if there's any left after the BMW purchase and Nordstrom. RIGHT ????????

[Freedom2specul8]

http://www.ama-assn.org/special/std/library/scan/oct98/blakecom.htm
Mentions Amplified DNA urine-based...at the bottom

http://www.benecke.com/developm.html
Due to the low amount of cells (epithelia) in urine, analysis of hypervariability in short tandem repeated sequences of genomic DNA (STRs) by use of PCR seems to be the only way of individualization [2,4,9]. To identify urine samples in cases of uncertain donorship like doping in sports or routine doping/ID controls, respectively, we co-amplified three short and sensitive non-overlapping STR loci. To take into consideration that storage may lead to degradation of DNA [9], short allelic ranges of &st;300 bp were chosen.

http://www.bxscience.edu/publications/forensicbio/articles/toxicology/h-toxi02.htm
Doctors from Johns Hopkins University and the Fox Chase Cancer Center in Philadelphia were able to detect a cancer- associated DNA change in the urine of men who had early stage prostate cancer. The researchers reported that the DNA urine test could also offer a useful tool for detecting early stage disease.

[FresnoDA]

While doing some recap...came across the VD's testimony to their "good friend" John Walsh. This was posted on the AMW website.  Reading now, after the PH and other statements, reads like absolute B.ravo Sierra.

---

This is the original post, from the February 9, 2002 broadcast of Americas Most Wanted.  As of March 4, 2002, it was still posted on the AMW website.

Danielle was last seen wearing blue flowered pajamas with flowers
Her favorite colors are pink and purple
Danielle belongs to her local Brownie troop
Family friends have set up a website at: http://daniellemissing.tripod.com 

San Diego police are scouring the Sabre Springs area for 7-year-old Danielle van Dam.  Police say Danielle's parents, Damon and Brenda van Dam, reported her missing when they discovered Danielle was not in her room at about 9 a.m. Saturday, February 2, 2002.

Damon told police he put Danielle and her two brothers to bed at around 10:30 Friday night while Brenda was out celebrating with friends until about 2 a.m. Saturday, a send-off for a woman who was leaving the area, detectives said.  When Brenda arrived home with four friends at about 2 am, police say they ate pizza with Damon and talked for about an hour.  Shortly after the friends left, police say Damon and Brenda told them they noticed lights blinking on their burglar alarm panel and found a sliding glass door and a side garage door open. Police say the alarm was not set, but the panel is a type that indicates when doors and windows are opened and shut at all times. The couple told police they closed the doors and went to bed, and did not check on the children. 

Saturday morning, police say the couple told them a friend stopped by at about 9 am to see if Danielle could come out and play.  Damon and Brenda told police that they thought Danielle was still sleeping and that Brenda went to wake Danielle.  That is when police say the couple discovered Danielle was missing from her room and called 9-1-1.

Police began investigating immediately, using helicopters, horses and dogs to search the area canyons for Danielle, a second-grader at Creekside Elementary School in Sabre Springs. Officers also conducted door-to-door searches and provided the Border Patrol and Customs Service with photos of Danielle to keep watch for her at the border.  Detectives additionally interviewed family members, neighbors, schoolmates and friends about the disappearance, hoping to develop leads, but had no luck. 

Danielle was last seen wearing blue pajamas with flowers. She is white, 4 feet tall and weighs about 58 pounds. She has blue eyes and blond hair.

Police say at this point the parents are not considered suspects and have been extremely cooperative with investigators.  Police are considering one of the van Dam's neighbors to be the prime suspect.  Police have searched his home and impounded his vehicles.  At the time of this writing, an arrest has not been made.

[FresnoDA]

Bump/Bingo...post 411....

[Freedom2specul8]

One more to ponder on then I have some chores. I'll be back later..

http://www.cnic.or.jp/english/topics/jco/reports/repo17.html
According to Asahi and other newspapers, urine samples of area residents were analyzed for DNA damage without the knowledge of the residents or the officials of Tokai-mura where JCO plant is located. The samples were taken during health examinations carried out in early October by Ibaraki prefecture. Not only were the DNA analysis carried out secretively, but the results were not reported to the residents or the officials of Tokai-mura either.

[spectre]

Let's get down to just the mere basics, ~Kim~..

How did the Investigators KNOW this pair of underwear, stashed in her dresser drawer, was indeed the last pair she had on?

The undies could have been in her dresser for a month, for all we know?

I am thinking that Damon put them up to the underwear "discovery" just as he has guided the Investigators thru the other parts of this investigation, and his listing of ways the crime "could have happened" is endless.

sw

[spectre]

You are so right....

sw

[FresnoDA]

This always gets the juices flowing.....(ewww, I apologize for that!!)

ANALYSIS OF BRENDA AND DAMON'S TESTIMONY, based upon the High Placed LE official account.....

---

RICK ROBERTS’ SOURCE, HIGH-PLACED LAW ENFORCEMENT OFFICIAL’ TOLD RICK

The comments of Rick Roberts source (a high placed law enforcement official) are in bold type. Additional information from other sources (press, etc.) are in italics.

• Rick Roberts’ high-placed law enforcement official said that the van Dams were involved in "swinging, lots of wife swapping."
• Rick Roberts’ high-placed law enforcement official said that before Danielle’s disappearance, the van Dam’s neighbor, David Westerfield "found out about the family’s (van Dam’s) swinging lifestyle and approached them to host an adult party at his house." "Westerfield told Brenda, I like to hold Adult Parties....you bring the salad, I provide the meat!"

David Westerfield has been quoted in the press as saying that he was a friend of the van Dams.

The van Dams have denied this, stating that their only contact with him was when Brenda and Danielle came to his home to sell girl scout cookies, and when they exchanged greeting as they passed by.

• Rick Roberts’ high-placed law enforcement official said that on the night of Danielle’s disappearance, "Brenda van Dam was at a local Poway bar where she was grinding away "confirmed" on the dance floor and possibly ‘did’ a guy in the parking lot." "Could have been more than 2, since Brenda, Barb, Denise, Keith and Rich "spent some time in the parking lot" partying....

The bar has been identified in the press as "Dad’s Café and Steak House."

David Westerfield openly admitted that he was at the bar that night. He claims that he danced with Brenda van Dam. Brenda denies this.

• Rick Roberts’ high-placed law enforcement official said, "Brenda left the bar with 2 girlfriends and 2 guys and went back to the van Dam’s house." "From Brenda's own lips, she left with Barb, Denise, Rich(the dealer) and Keith"
• Rick Roberts’ high-placed law enforcement official said, "One timeline given in police records shows Brenda coming home from the bar to find the light [on the alarm] flashing and a door open. [She closed the door]." "Brenda admitted in her testimony at the Pre-Lim, when I walked into the house, through the front door, I saw the alarm light flashing!"
• Rick Roberts’ high-placed law enforcement official said that Brenda "‘gave’ one of the girlfriends to her husband Damon ‘as a present,’ and made sure to shut the doors on all the bedrooms so the kids wouldn’t be awakened by loud lovemaking. She did not look to see if the kids were in their rooms." "Brenda AND Barb both went upstairs...as Brenda stated in her testimony, but Barb stayed upstairs, and Brenda went back downstairs...Brenda came up later by her accounts, because the others, Rich and Keith were teasing about how long Barb had been upstairs!"
• Rick Roberts’ high-placed law enforcement official said, "the adults locked themselves in the van Dam’s garage – they have special inside locks so the kids can’t come in – and started smoking marijuana and ‘fooling around.’ The adults in the garage were Brenda, Damon, 2 girlfriends, and 2 guys from the bar." "Brenda forgot to mention this part on the stand, but as presented, this means that Damon, Brenda, Barb, Denise, Keith and Rich went into the Van Dam LOVE SHACK in the garage....
• Rick Roberts’ high-placed law enforcement official said, "after everyone had sex, Damon noticed the [alarm] light blinking and a door open. They were busy with their adult party, so they never checked on the kids." "Now, if after everyone, Brenda, Damon, Barb, Denise, Rich and Keith had "swung", and if then Damon noticed the light....then that would mean a light had been tripped, after Brenda arrived, (where she noticed the first light) and now there had been another entry/exit to the home.

  ---

JUST HOW LONG WERE THEY VD's and their pals in the Garage???  And when did they actually "go to sleep"......we will not know, until Barb, Denise, Rich and Keith are forced to testify...

[Jaded]

But really if the only test they did at that time was MITDNA, it's less conclusive and more prone to contaminants. Then they found Dani, and could do more extensive DNA testing. I belive that the extensive testing takes about 6 weeks. The original DNA took about 1 1/2, I think. Blood to blood is more conclusive.

We shall see, 17 days and counting.

[FresnoDA]

Four reasons why the Van Dam's were cleared as suspects from the "get-go"!!

1. Keith was seen and heard by Brenda and Damon in their home, Friday/Sat 2/2-3/2002.

2. Rich was seen and heard by Brenda and Damon in their home, Friday/Sat 2/2-3/2002.

3. Barbara was seen and heard by Brenda and Damon (Damon kissed and hugged) in their home, Friday/Sat 2/2-3/2002.

4. Denise was seen and heard by Brenda and Damon in their home, Friday/Sat 2/2-3/2002.

All were drinking. All were smoking dope. All were in the house. Any one of them could have left a door unlocked.

Did the SDPD take hair and fiber samples from any vehicles at the VD house driven by this motley crew??

Go figure!!