Posted on 04/25/2002 9:15:24 AM PDT by FresnoDA
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.
Seriously, Fres, someone earlier asked HOW could someone sneak in while DAMON was in the house, and get to Danielle.
If you will remember back when this started (I have been following these threads since the very beginning) there was rumor or information that DAMON was off DOING a female friend during the time he was supposed to be home babysitting ! Everyone has forgotten this detail. Maybe because it was unfounded, or unproven. Doesn't mean it was necessarily UNTRUE.
If he wasn't there, WHO could have entered the home (or known which door to enter) without alarming the children ?????? Someone they KNEW well. Someone they trusted. Someone whose wife was away, someone that had a date with Brenda, only to find she is with others, doing others in the parking lot, being bought drinks by DW. Maybe he thought DW was moving in on Brenda. HOW TO GET DW out of the picture and have a little fun at the same time ???????? Seems obvious to me.
It's called MOTIVE and OPPORTUNITY ! ! ! ! ! !
It would seem that the DA is now dropping the pornography charges. What think ye of this ?
Well, one down. If we now find out that Brenda and he had a relationship, or that Danielle was known to go over to Westerfield's, as other kids "may" have, then we've basicly shot down the main evidence against him. Couple that with the documented evidence that Damen was known to frequent the area where Danielle's body was found and this case vaporizes.
I see a rocky road for the prosecution. I also question why they zeroed in on Westerfield in the first place. I still say Brenda dropped a hint and the police bit. I have no way of knowing this, but I think Westerfield has been the fall guy, not necessarily the perp.
Those who may read these comments out of context should note that I want Westerfield to fry if he did it. I just want to make sure the actual perp isn't getting off scott free.
I agree and also want him to fry, IF PROVEN guilty.
However, I have been most disturbed from the beginning that mom, dad and "unusual" friends were summarily ruled out in a matter of hours. This is foolish under even non-suspicious circumstances. But when one knows of all the "peculiarities" of the van Dam lifestyle and the events of that evening, it is beyond ludicrous.
It seems that LE chose to quickly look past the obvious in search of something else that might fit.
Perhaps the trial will convince me of DW's guilt, but unless and until that happens, I remain extremely disappointed in the police work of this case.
To: all
So far I can't find that connection. But I am sticking with my theory. Bill Libby was too close for there not to be some swinging connection between him and Brenda. The keys were (his wife was out of town). He was deeply involved in this, and I wonder if there was some connection in the REDIRECT OF THE SEARCH CENTER TEAM to the Dehesa Road area.
I have been searching previous threads, but, MAN, there are sooooooo many. I have had speed reading, but not light-speed reading. The search engines I have used so far search keywords, titles, and not thread text. If anyone can point me to a way to search text of a particular websites threads (mainly FR) , I would be most grateful.
There is but one who has been without sin..Jesus. That always makes me feel better.
I think that DW was at Dad's the weekend before and saw Brenda with her girlfriends and wanted to meet one of them.
I think that is why he arranged to meet her the following weekend to be introduced to that woman (Barb, if I am correct).
I think Brenda was too involved in the situation with Rich, Keith, and her two girlfriends to care what DW wanted, other than to accept drinks from him, and dance with him to make up for the free drinks.
I think DW went home then, and on his way by the VD residence, saw activity in their driveway. This activity probably had to do with Damon, Danielle, and a third party (possibly Bill Libby).
Brenda and friends arrive home later and party for awhile. Barb goes to Damon's room, but Damon (for some reason) seems to be unaroused by her attempts. They all go out to the garage, party awhile, then Damon yawns and reminds everyone it is late and they should go. He wants to get drunk/stoned Brenda into bed and asleep while she thinks things are OK.
Next morning, OOPS, gee Brenda, you mean Danielle is gone. I didn't know!
That is what I think.
It's VERY strange..but if I recall correctly, the vd's were forced to wait outside while the investigators searched the house. Granted, we all know and agree that things in that drawer could have been moved prior to the investigators entrance...but, if the underwear was not folded but thrown in carelessly, rather than folded...it might have stuck out because of it.oh gosh, we can explain away ANYTHING in the case. I've seen or heard of kids doing weird things with discarded clothes....to hide accidents, toss across the floor..the list can go on. It doesn't surprise me to know danielle might have thrown them back in...the drawer of "clean" clothes because of how kids "can" be. But like I said..we can explain away anything!
Biggest likelihood is that third party took the body, waited until they arrested somebody, then dumped it where it could be found. Then directed the SEARCH TEAMS to go look there. Let's see, who could get info to the search teams to go look in that area.
Two pieces of info I want,
WHO HAD THE HUNCH, TOLD THE SEARCH TEAMS to go back to that area?
WHO FOUND THE BODY ?
Bill Garcia had the *hunch*, according to the papers.
Interesting info about Garcia at this link, here's part of the info from this site.
http://www.sandiegomissingkids.org/Media_Center/pr01.htm
Bill Garcia is not a member of the Child Alert Network. He was released from the Child Alert Network shortly after it was learned that he was releasing information to the media with out Law Enforcement sanctioning the release of the information. Information is not released without Law Enforcement authorizing the release of information as to details of any specific case. Additionally, it was learned that Mr. Garcia was not a licensed private investigator as he had claimed. After further investigation. Other matters of wrong doing in past cases involving missing children and a conflict between him and the San Diego Police Department. It has been brought to our attention that he now has cause problems for this group, by making false and misleading statements. It saddens us terribly. Do to this new information. We remind our visitors that we are relocating this organization. It will no longer operate in the County of San Diego. An attorney has been retained to handle our complaint regarding Mr. Garcia. The appropriate measures are being taken at this time to combat his false and misleading representations.
I sure don't know. So many things appear to have been neglected and/or mishandled.
Add to that the fact that the primary election was days away when Westerfield was arrested with SD DA, Paul Pfingst, needing to pull 50% of the vote to avoid a runoff, and it becomes even more curious.
There aren't nearly as many as there should be. Thanks to the threadkillers.
This someone would probably be a person that had police work experience, and was closely linked to the Danielle Recovery Center (or running it). Also someone close to the VD's. Like a retired police woman, or maybe someone that controlled the funds being used to pay for the search teams ?
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