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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: Jaded; fnord
Yes, it came from the transcript, direct from the law officers' own mouths at the hearing. See my post #8 above, where I quoted it.
41 posted on 04/25/2002 4:08:15 PM PDT by MizSterious
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To: UCANSEE2
Proceed with caution.....graphic content...but evidence of the Family Affair Accusation made by Douglas Pierce.....hhhhmmmmmm......

I was disappointed with the Better Life publication because it was a homosexual pedophilia newsletter and my sexual interest was girls. However, in the third issue, there was an ad that had a street number to write instead of the usual coded numbers. I wrote to them, and a few weeks later, I received a letter from a man named Lance Carlson. His real name is John Duncan, and he was a central figure in the child prostitution ring I eventually got involved in.
    
In his letter to me, Duncan wanted assurance I was not a cop or any other such person trying to entrap him. He also wanted to hear about my experiences, past or present. I wrote and said I wasn't a police officer.

42 posted on 04/25/2002 4:13:01 PM PDT by FresnoDA
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To: MizSterious;FresnoDA;spectre;fnord;UCANSEE2;RnMomof7; southflanknorthpawsis; doughtyone
So what do we think, will there be a plea?

IMO, no.

43 posted on 04/25/2002 4:23:03 PM PDT by Jaded
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To: Jaded
Plea?? Maybe The Damon will crack under pressure, who knows!!!
44 posted on 04/25/2002 4:27:51 PM PDT by FresnoDA
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To: MizSterious

PEDOPHILE GROUPS

Note where the CSC is located!!

C S C Newsletter. Childhood Sensuality Circle (CSC), Box 5164, San Diego, CA 92105. 1975-81

INTRODUCTION

"It is best when beginning sex with a kid to do it as part of a game. Sometimes the kid will make the first move, sometimes the adult. Sometimes the adult can create a situation where a kid can ask for sex or start sex if they want. Curiosity is a big factor, exploring somebody and having them explore you is another good way to start. This can be a kind of show and tell. Just about anything that adults can do together an adult and a kid can do together. It's best to go slowly the first time - and its more exciting that way too - but of course you have to be sensitive to size differences."

This excerpt is from a pamphlet called, "How To Have Sex With Kids," written by David Sonenschein. It is an example of a dangerous philosophy that thousands of people in North America subscribe to. They believe that the laws prohibiting sexual relations between children and adults should be done away with.

 

PEDOPHILE GROUPS

There are a number of groups that advocate sexual activity between adults and children. The following is a list of pedophile organizations (some no longer exist):

- North American Man - Boy Love Association - NAMBLA
- The Rene Guyon Society
- Childhood Sensuality Circle - CSC
- Pedophiliacs Anonymous - PAN
- Pedophile Information Exchange - PIE
- Pedophile Action for Liberation - PAL
- Pedophile Alliance League - P.A.L.
- The Lewis Carroll Collectors Guild
- Howard Nichols Society

Many of these organizations prepare various pamphlets and newsletters advocating, if not encouraging, sex with children. The existence of these organizations is, in itself, disgusting. These organizations claim that thousands of people, including teachers, doctors, and lawyers, belong to their groups. This is incomprehensible.

45 posted on 04/25/2002 4:32:29 PM PDT by FresnoDA
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To: FresnoDA
For once, I am almost speechless. This is way past disgusting. ALL of the TRUTH needs to come out, and NOW (the trial is soon enough).
46 posted on 04/25/2002 4:36:47 PM PDT by Jaded
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To: MizSterious
Then there is the PRIVATE detective, named Bill Garcia. Somewhere, buried in all these stories, was something about Garcia being related to the Van Dams? We need to firm this up.

Anyway, a hunch led about 20 volunteers to the area where Danielle's body was found about 2:15 p.m. on a Wednesday. "The remote road was one Westerfield might have taken the weekend Danielle disappeared", said Bill Garcia, a private detective who coordinated searches in the area.

"Someone who would try to evade or stay low-key would have picked that route," Garcia said.

Volunteers first checked the site Saturday but found nothing. Ten volunteers returned to the site Wednesday after investigators decided the area needed to be checked again. Searchers found the body about 25 feet from the road under a cluster of oak trees.

"Just a hunch"?...Oh, so that is why they went back after 20 volunteers had searched the same area...and EUREKA there she was!

They went back because a Private Detective had a hunch?! Does this pass the smell test?

sw

47 posted on 04/25/2002 4:37:57 PM PDT by spectre
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To: spectre;MizSterious;FresnoDA
At the PH, Bren testified that David said he hosted adult parties. What if he actually told her he wanted to host a party with them and their friends. That perhaps this was his first foray in to this sort of thing. If what Fresno has posted is in anyway involved in this, and David found out and flipped out. Or perhaps if he threatened to turn them in because it was outside of anything he would deal with. That would certainly be cause to point to him. It could also explain the "vibes" between him and Bren during the PH.

Given what we have seen so far, IMO, David Westerfield is not guilty of this murder. Perhaps being present would make him an accessory.

No matter how you slice it or dice it, it doesn't add up or pass the smell test. For whatever reason, I just can't shake that feeling.

48 posted on 04/25/2002 5:01:13 PM PDT by Jaded
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To: spectre
Nope, smells like roquefort
49 posted on 04/25/2002 5:02:38 PM PDT by vacrn
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To: FresnoDA
For those who think Westerfield is guilty, it must be interesting to note that he seems awfully anxious to get before a judge and jury. If those photos on his computer turn out to be photos of women some of which look only a year or two younger than 18, this trial is going to take on a whole new complection. And if a relationship with Brenda is confirmed, children frequenting his home off and on, the gig is up.

For all appearances it seems that a guy who thinks he's innocent and can prove it, and has been falsely charged, is trying to get back to his life on the outside ASAP.

If the evidence slaps this theory down, I'm going to have to question the defense strategy here.

50 posted on 04/25/2002 5:04:41 PM PDT by DoughtyOne
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To: FresnoDA
Well, Thanks. Now I have to go and clorox the inside of my head.

Ok. I'm back. I see the connection as far as the existence of Family Affair type activities, and their existence in California (gee, who'da guessed), but I don't see a connection to DW.

Nor do I see a connection to DVD, other than a supposition.

51 posted on 04/25/2002 5:06:33 PM PDT by UCANSEE2
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To: spectre
See posts 34 and 35
52 posted on 04/25/2002 5:10:22 PM PDT by UCANSEE2
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To: DoughtyOne,spectre,FresnoDa,MizSterious,Jaded
Something else seems curious. According to earlier replies on this thread, Damon Van Dam, while Danielle was still missing, DID NOT WANT a REWARD to be offered.

Now, of course, he wants DW to get DEATH PENALTY.

I am sure that the Police, Prosecutor, and the Van Dams would like DW hung from a scaffold so they can forget about it and go on with their lives. (after all, the Van Dams want to go joy riding in their NEW BMW !).

It just seems suspicious that the man who thought his sons were worth MORE THAN $10,000, but didn't want to offer a reward for info on his missing (step-daughter- am I correct?), now wants DEATH for someone who has not even had a jury trial yet.

53 posted on 04/25/2002 5:18:48 PM PDT by UCANSEE2
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To: MizSterious
Good point. And the fact that the kids supposedly weren't checked on all night, certainly provides a lot of time for the VanDams to take care of business if they needed to. I have to admit I'm leaning Westerfield due to charges filed, but I'm far from convinced.
54 posted on 04/25/2002 5:32:34 PM PDT by DoughtyOne
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To: UCANSEE2
Damon did quite a few things that appear suspicious. The whole door/magnet routine he recounted on the stand for instance. Wonders commented to me that this could have been an attempt to make any time stamps unreadable--a magnet will do that. Or maybe he's just a nutcase. But he behaved very strangely that night and the days following as well.

If you'd like to do some transcript diving, the official court transcripts are HERE. Especially read the ones on the last day, when Brenda and Damon were questioned. It will make the hair stand up on the back of your neck. This was especially true for those of us who watched it on television.

55 posted on 04/25/2002 5:37:11 PM PDT by MizSterious
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To: Jaded
"So what do we think, will there be a plea?"

If he did it, I think we'll see a plea. If he didn't, I think he'll decline the plea offers. But that's just my guess.

56 posted on 04/25/2002 5:40:07 PM PDT by MizSterious
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To: DoughtyOne
D1, it might just one of those odd sets of coincidences. Or it could be more. I don't claim to know. But I do find it odd that so many people shouted Aha! when it was discovered that Westerfield was a member of the casino, but no one bothered to ask if others connected to the case might also be members. The significance was supposedly that Westerfield knew the area because he was a "member" of the casino (but it was not often mentioned that he'd never activated that membership). Now it appears others, including the parents, also had familiarity with area, not only because of the casino membership (activated and used) but the mountain bike trails.
57 posted on 04/25/2002 5:43:21 PM PDT by MizSterious
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To: UCANSEE2
Well, there are far too many such questions about this case, like the one you asked, to think we have the whole thing figured out. That's why I'm not signing on to any theories yet, but am considering a number.
58 posted on 04/25/2002 5:48:30 PM PDT by DoughtyOne
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To: MizSterious
I think you've raised interesting points. I agree that the casino angle and bike trail knowledge does open up a new aspect for people to ponder regarding VanDam.
59 posted on 04/25/2002 5:51:21 PM PDT by DoughtyOne
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To: DoughtyOne
From what I remember of Pre-trial testimony, Damon was aware of his son's activities and could account for time with them, when they went to bed, etc. But he just couldn't remember much about Danielle, other than the fact that she went to bed early, and was quite as a mouse all night, regardless to all the 'activity' going on around her.
60 posted on 04/25/2002 5:55:49 PM PDT by UCANSEE2
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