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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
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
Wow...those are some killer hours...after so many months, a lot of this info is in my memory banks...but...I understand that everyone needs sources....speaking of sources, what happened to Valpal1
To: UCANSEE2
Didn't she tell them they (barbara and damon) were being rude by not coming down to visit? That gave me the impression that she didn't expect them to hang out together for a length of time.
To: UCANSEE2
yea..... but in my head I had this picture of telling my husband he was rude for that...It blows my mind...
To: UCANSEE2
scratch that, #604 confirmed the rude statement.
To: ~Kim4VRWC's~
Don't think so. BTW, where is everyone getting that the kidnaping charge was dropped? The articles I was reading at the beginning of this thread from April 25th were still indicating that kidnaping is what is being used as the "special circumstance."
625
posted on
04/30/2002 10:12:08 PM PDT
by
Amore
To: RnMomof7
Would you mind checking out #620 too?
To: Amore
To: Amore
MRDR:1ST DEG:S PC 187(A) PC
To: RnMomof7
If blood was drawn from a live body, and then drawn from a dead body..would there be hormonal or chemical differences/changes?
To: Amore
You mean special circumstance in relating to being able to seek the Death Penalty?
To: ~Kim4VRWC's~
Thanks for showing me where that was posted, but I really wonder if the kidnaping charge HAS been dropped. I can't believe that someone in the media wouldn't have picked up on that and publicized it. In light of the facts of the case which would make kidnaping pretty easy to prove and in light of the announced use of kidnaping as the "special circumstance" it seems odd. I'd like to see some separate confirmation of that decision.
631
posted on
04/30/2002 10:31:28 PM PDT
by
Amore
To: UCANSEE2
Yes.
632
posted on
04/30/2002 10:32:27 PM PDT
by
Amore
To: Amore
Only charge listed is murder
HERE (San Diego County Sheriffs Inmate Detail).
To: Amore
I forgot to mention that the code next to the primary charge says SPC, which I assume means Special Circumstances.
To: DoughtyOne,FresnoDa,~kim4vrwc's`,Jaded,Spectre,Beach_Babe,MizSterious
To: DoughtyOne,FresnoDa,~kim4vrwc's`,Jaded,Spectre,Beach_Babe,MizSterious
To: DoughtyOne,FresnoDa,~kim4vrwc's`,Jaded,Spectre,Beach_Babe,MizSterious
My connection to the internet runs at light speed, my brain is mush.
To: Southflanknorthpawsis
Or Sexual Predators Commission.
To: Southflanknorthpawsis
Yes, I looked at that. But I question whether that information is complete. I would like to have confirmation OTHER THAN THAT SITE that the kidnaping charge was dropped.
639
posted on
04/30/2002 10:39:58 PM PDT
by
Amore
To: UCANSEE2
Or Sexual Predators Commission.Who knows??? It reads....... Murder:1st deg: S PC. Maybe it means something else?????
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