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.

[MizSterious]

Kim, for umpteenth time, the AWOL charge was a typo in the first place. It never existed. It only appeared on the internet. I know you'd like it to be real, but it's not. I gather you chose not to call the SDPD about that? Some folks did, plus his ex brother in law also says it never happened.

[FresnoDA]

Note....just checked, current date....5-1

INMATE DETAIL

Information is current as of last update: 05/01/2002

The data contained in these files is updated only once a day and should not be relied upon for any type of legal action.

PERSONAL			ARREST
Last:	WESTERFIELD		Agency:
First:	DAVID		Location:
Middle:	A		Hold Codes:
Sex:	M		Bail Amount:	$ 0
Race:	W		Facility:	1
Date of Birth:	02/25/1952		Cell:	05
Age:	50		Booking Date:	02/22/2002
Height:	6'02"		Booking Time:	15:24
Weight:	210 lbs		Booking Nbr:	02109697
			ReBook Code:	2
CHARGES:	Description	Code	Statute	Warrant Nbr
Primary:	MRDR:1ST DEG:S	PC	187(A) PC
Second:
Third:
Fourth:
Fifth:
COURT:	Destination Court	Date	Time
Appearance 1:	SD40	04/18/2002	08:30
Appearance 2:	SD40	05/02/2002	10:00

[MizSterious]

I believe they said that none of the charges had been dropped. The topic had a thread of its own on Jameson's.

[Jaded]

Romantic involvement? The connotation is of some emotional attachment, warm fuzzies if you will. She could certainly say no, absolutely not, when the act was simple animalistic mating ritual strictly for one's own pleasure.

[Freedom2specul8]

(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder

Sounds to me like the victim doesn't have to know he/she is being kidnapped? Or am I wrong about that?

[Freedom2specul8]

Thanks for the info/heads up about the charges.

[Amore]

I believe they said that none of the charges had been dropped. The topic had a thread of its own on Jameson's.

Thanks. One of these days I'll get over there and check out the site. It's been hectic here lately.

[Freedom2specul8]

I believe this is the thread mizsterious refers to.

"WESTERFIELD - - charges dropped??"
http://64.225.95.82/dcf/Danielle/2090.html

Here is a copy of post number 21:

21 . "OK - I have the answers"
Posted by jameson on Apr-30-02 at 05:16 PM (EST)

The charges were not dropped - the court doesn't know what the Sheriff's pages list and would warn us all not to take that page to seriously.

The court this week is to review motions, determine what may be released to the public and what will remain sealed.

It may be in the courtroom, but I couldn't find out for sure - - it could be held behind closed doors.

[Freedom2specul8]

When people say confirmed, I wish they's show their source in situations like this..here's another post in that thread.

23 . "correct" Posted by John_Boy on Apr-30-02 at 06:05 PM (EST) verified what Jams has said is in fact true, there may be more of these put on the courts calendar depending on issues that arise. i also know of a few issues that may be fair fodder for these motions hearings regarding the defense trying to get certain items and having to "chase them down." those may go away since it sounds like everything they have sought has now been located...let the vagueness begin! (is that a word?)

[Freedom2specul8]

Note....just checked, current date....5-1

I suspect that they have a computer program (*CGI*) that updates the dates on all of their pages automatically.

[Freedom2specul8]

UM, I don't recall you ever pointing out a quote from the brother-in-law to me about the AWOL charge, so that is your FIRST time addressing it to me... not the UPTEENTH, as you so joyously posted. Regardless, got a source?

[Jaded]

It's not there nor has it been on the Sheriff's site for some time. It was determined that David was NEVER in the military in order for him to go AWOL. Reporters figured that out.

[MizSterious]

Nope, it's the umpteenth, it's been mentioned many times before by both Rolling_stone and me, and possibly others. It's been mentioned on many threads. Like the transcripts links, I suspect you didn't bother to read these posts. That's your failing, not mine. They were addressed to you specifically.

[MizSterious]

Be wary of people who claim inside knowledge on this (or any other) case. On the internet, anyone can claim to be anything. We've come across a lot of frauds in this case--probably happens in every case (for example, the "forensic scientist" I encountered.) I trust what Jameson says, but am not so sure about John_Boy; I have no idea who he really is, just that he gives out a lot of cryptic information that might or might not be the real deal--but in most cases is too vague to matter anyway. That's why I suggested you make your own calls on some of these things that can be verified by phone. That way you can know for sure. Phone calls, even during business hours, don't cost that much these days.

[Freedom2specul8]

Be wary of people who claim inside knowledge on this (or any other) case. On the internet, anyone can claim to be anything.

Now that is wise advice and we agree on that point. I received a freepmail awhile back, from someone who sent me a link about jameson. I'll see if I can track it down for you.

[Freedom2specul8]

Finally found it.

http://www.geocities.com/Area51/nebula/9337/jameson.html

DISCLAIMER: I am just passing this along and just because I pass it along, doesn't mean I agree with it.

[Freedom2specul8]

Here's the first link the freeper sent to me.

http://www.geocities.com/Area51/nebula/9337/48hours.html

DISCLAIMER: I am just passing this along and just because I pass it along, doesn't mean I agree with it.

[Jaded]

From Ned? That person has an axe to grind.

[FresnoDA]

New thread alert....PING..) ) )

 

Second Child Abduction Haunts San Diego: Brenda and Damon van Dam create Web site, offer advice!

[Freedom2specul8]

I'll tell you, it's a freeper..but I really don't know if it's ned or not. (they used freepmail) The freeper handle is one I'm not familiar with. I do believe he/she is lurking...