PROSECUTORS TO SEEK DEATH PENALTY IN WESTERFIELD CASE

Thanks for clearing that up for me.

Pardon me if I'm wrong, but didn't I read that Danielle's presence was verified within the trailer? I believe a handprint was found above the bed and a minute amount of her blood was found on the carpet. I believe the carpet had been cleaned as well.

I swear I read this in one of the early articles regarding Westerfield. Ask FresnoDA. He should know if this is correct or not.

I think the whole issue of the dogs is overblown anyway.We used to camp and every kid on the street was in and out of the camper one time or another..also she had just been to the home to sell cookies..so we know that some of her sent might well be expected to be found..

Thanks for the flag..We are going to be away on vacation in a few weeks ..I just mentioned to my son I hope the trial will be over by then I hate the thought of being out of touch with you guys for comment and relevent input..so he is going to try to borrow a lap top for me (addicted or what:>))

DA seeks death in Westerfield case

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- David Westerfield will face the death penalty if convicted of kidnapping and murdering 7-year-old Danielle van Dam, the district attorney's office announced Thursday.

In a brief court hearing, prosecutor Jeff Dusek said District Attorney Paul Pfingst made the decision after "careful" consideration of a review panel's recommendation and after hearing from Westerfield's defense attorneys. The text of the recommendation was not released.

Don Boomer/Staff Photographer

The district attorney's office announced Thursday that accused child murderer David Westerfield will face the death penalty if convicted of kidnapping and murdering 7-year-old Danielle van Dam.

Westerfield, 50, is accused of stealing Danielle from her second-story bedroom sometime after her father tucked her into bed Feb. 1. Her body was found nearly four weeks later under an oak tree in the rural East County.

The self-employed engineer, who lived two doors down from Danielle, has pleaded not guilty.

Westerfield's attorney, Steven Feldman, unsuccessfully opposed the death-penalty filing. He said the prosecution was giving notice too close to the May 17 trial date, and he called the timing a strategic attempt to force Westerfield "to compromise his right to a speedy trial."

Feldman was adamant that the defense intends to move ahead with the case. He said delaying the trial was not an option.

During the hearing, Westerfield, dressed in a charcoal-gray suit, sat silently next to his attorneys.

A defendant has a right to trial with 60 days of an arraignment following a preliminary hearing. Death-penalty cases rarely move that quickly because of the enormous workload involved in preparing for a trial where a defendant's life is on the line. Most don't reach a jury until one year or more after the alleged crime was committed.

Superior Court Judge William Mudd expressed concerns about balancing Westerfield's right to a speedy trial and the realities of preparing a death-penalty case.

"I've never heard of a death-penalty case in this or any other community going to trial in 60 days," Mudd said.

Legal experts said a judge could delay a trial if he believes it is in the defendant's best interest, but such a move would be highly unusual.

Mudd noted that the district attorney's office immediately contacted the defense team when the death-penalty decision was made.

Since 1995, a panel of high-level prosecutors, including Pfingst's second-in-command, has reviewed all potential death-penalty cases in San Diego County before making a recommendation to Pfingst.

The panel looked at Westerfield's character, any previous criminal history, and the impact Danielle's murder has had on the community and her loved ones. And it considered the likelihood of a jury returning a death verdict.

The defense also had an opportunity to make its case. Dusek said Thursday that the district attorney's panel and Pfingst held multiple meetings with Westerfield's defense team. The most recent was last week.

Dusek said the decision should not come as a surprise to the defense.

"They knew in all probability this was going to be a death case," he said.

State law reserves capital punishment for so-called special circumstance cases, such as when a murder victim is tortured. In Westerfield's case, the special circumstance allegation is murder committed during a kidnapping.

Westerfield is the 23rd defendant in San Diego County to face the death penalty since Pfingst established the review panel.

In another development, Mudd declined a defense request to have copies of photographs retrieved from Westerfield's home computer. Instead, he ruled, Westerfield's attorneys will be given opportunities to privately look over the materials at either the district attorney's office or police headquarters.

Prosecutors argued that reproducing the images could potentially put the district attorney's office in the position of violating laws against copying and distributing pornography.

Besides kidnapping and murder, Westerfield also faces a misdemeanor charge of possessing materials depicting minors in sexual conduct. Westerfield's attorney, Robert Boyce, argued that the defense was entitled to have its own copies and he wanted an expert to review the material to determine whether any of the images could be legally classified as pornography.

Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.

4/26/02

There have been eluded comments to a hand print above the bed, near a cabinet of Danielle. By the way, it is a motorhome, not a travel trailer, (minor point)!!

Can't believe I wrote trailer, but you're certainly right. Thanks.

hhmmmmm.......!!!!!

San Diego Slave Trade

Posted: 3:03 p.m. PDT April 25, 2002
Updated: 7:02 p.m. PDT April 25, 2002

SAN DIEGO -- San Diego is at the center of an illicit slave trade that spans the globe, according to a Unit10 report.


	Slavery Has Been Largely Ignored

Each year, thousands of women, children, and some men are trafficked across the U.S.-Mexico border and forced into labor situations they never agreed to, according to the report.

The focus of the Unit10 Investigation happens to concentrate on the migrant population, but it's an issue in many other countries -- from Central America to Russia and China.

The issue affects San Diego because the border is so close, Unit10 reported, and now, San Diego and Mexico officials are working to form a safety net to catch predators and save victims.

Sophia came to the United States from Mexico for the promise of a better life. That promise came from a man who eventually fathered a child with Sophia, then forced her into prostitution -- using threats against her child to keep her from running away, she said.

Marisa Ugarte's life mission is to put an end to stories like Sophia's. She works to rescue the thousands of women and children who are trafficked across borders each year for slave labor or prostitution.

Recently, Unit10 joined Ugarte and San Diego County Sheriff's Detective Rick Castro through the brush near some Vista strawberry fields to look for slave trade predators.

Pointing to a hill, Castro recalled discovering what he called a "sex camp."

"That area up there is where I was standing ... all the girls would be huddled up here in this area and the customers would be ... in line," Castro said.

The area was one of perhaps a dozen sex camps throughout the county, where mostly migrant men come to meet females -- some as young as 12 years old -- to have sex, Unit10 reported.

One girl might have sex with 10 men in an hour, making about $20 each time, according to Castro. Most of the money goes to the pimp.

"They service anywhere from 200 to 300 men, starting at about 6:30 to 7 in the morning, and done by 2:30 p.m.," Castro said.

Castro told Unit10 that he now keeps an eye on a handful of North County homes. In one recent raid Castro said authorities found 16 girls and 23 "Johns."

The girls who he finds aren't always smuggled in, Castro said. Some are local teenagers, estranged from their parents, or who see easy money in prostitution.

Even if a raid is successful, however, and victims are rescued, Castro said that trust is hard to establish, especially if the federal government gets involved.

"You're dealing with people that are afraid of the U.S. government, generally," he said.

But the federal officials are the ones who have the resources to crack down on international human trafficking, according to Assistant U.S. Attorney Chris Tenorio.

"We know that about 50,000 women and children are trafficked to the U.S. each year," he said.

In San Diego, local, federal and Mexican agencies are now forming the "Safety Corridor" to provide a network of services for victims of human trafficking, Unit10 reported.

"There's a lot of trauma that has to be dealt with -- physical, as well as emotional issues," Tenorio said.

One thing authorities try to teach victims is that legal status is not an issue. If you've been victimized in one of these ways in the United States, you are eligible for protection, and eventually citizenship, according to Unit10.

Aren't we all addicted?

In the RV there were 2 prints from her left hand, ring finger and middle finger on the cabinet above the right side of the bed. On a different forum, one of the posters took her kids (ages 5-13) to an RV Sales place and photographed them in various places in and around the RV. It was quite interesting and creates even MORE doubt. The outside compartments are too small for children on that particular model, which could dispel the rumor that she was stuffed into the outside storage.

A drop/smear of blood on a jacket that was according to some sources, kept in the RV. Just a bummin around jacket. A speck on the edge of the comforter and 1/4 in spot in front of the bathroom on the carpet. According to one officer the RV smelled of bleach and had been cleaned, this presumably was used to obtain more search warrants. At the PH or another written report a different officer stated that the RV had NOT been cleaned recently.

There has never been any indication before the gag order that Danielle's scent was found in the RV. Neither have most of the other prints inside the RV been identified.

The steam cleaner was removed from the Van Dam home. Brenda stated that it was out because the dog peed in the house alot.

Also, as of today, there has been no indication that he was ever in the VD's house, garage maybe, but we have not heard that either.

Westerfield's attorney, Robert Boyce, argued that the defense was entitled to have its own copies and he wanted an expert to review the material to determine whether any of the images could be legally classified as pornography.

Huh? Misleading reporting or...?

Thanks Jaded. I thought I had read that he had his trailer carpets steam cleaned.

A drop/smear of blood on a jacket that was according to some sources, kept in the RV. Just a bummin around jacket. A speck on the edge of the comforter and 1/4 in spot in front of the bathroom on the carpet. According to one officer the RV smelled of bleach and had been cleaned, this presumably was used to obtain more search warrants. At the PH or another written report a different officer stated that the RV had NOT been cleaned recently.

A common sense moment

IF I was the killer..If I took time to wash the motor home with bleach..wouldn't I also have tossed the quilt and jacket?

Also there has been no announcment regarding the cause of death..if she was bleeding in her home that is where it must have happened.....seems there would be lots more around than a "speck".

Here's the latest.

Feldman has subpoenaed 10 Newspaper Reporters. He wants to question them about their "source" of information in the stories they printed regarding the leaked evidence in the Westerfield case. For example...the washing with "Bleach"...which turned out not to be true.

sw

Spectre, is there a source for this? I can't find it in any of the local papers. Thanks.

"Pardon me if I'm wrong, but didn't I read that Danielle's presence was verified within the trailer?"

Yes, that's true. Doesn't that make it most peculiar that the dogs didn't "hit" on the inside of the motor home? I don't know much about forensics, so this might be dead wrong--but my take on it is that it happened because Danielle had not been inside the motor home recently. Hand prints and blood spots will stay around for a long time, but the scent might have a shorter shelf-life.

Yes, the source was posted on Jameson's forum shortly before I posted on here. Since then, the forum is down. We can't figure out why it is down. It started having trouble getting into the Danielle Van Dam threads. The info I posted came from the Jon Benet Ramsey thread, which was being used as a substitute for the DVD thread and now, the whole site is down.

Jameson's forum is a special forum, because it requires a fee to post, therefor eliminating a good deal of disrupters.

You can log on and read...when it's back up.

sw

"The panel looked at Westerfield's character, any previous criminal history, and the impact Danielle's murder has had on the community and her loved ones. "

In my personal opinion, that is the reason they went for the DP--the "impact on the community."

They are talking about it on some of the other boards. Apparently it was on the radio or television news, so no urls yet on this--but I suspect it will be discussed in the SD U-T eventually. The press likes nothing better than to talk about itself, especially if they can paint themselves as victims!

Common sense questions:

Why would DW sneak into an occupied home (with dog and alarm system) instead of just enticing her to go with him as she played in the neighborhood?

Why would he dump her body (face up, uncovered) where it would surely be found, instead of burying her in the desert where she would be less likely to be found.

Why would DVD withhold information from the police responding to the 911 call. Per the transcripts, it took him 3 to 4 interviews to admit the marijuana use AND the fact that Barb came UPSTAIRS to lie in bed with him.

Why did DVD shave his face prior to the prelim. hearing.

Why did BVD go out to the car and pull it up to the front door of Dad's to pick up her friends to leave? How long did it take her to get the car? Was she alone when she went to get the car? Did she make any cell phone calls when she went to get the car? Did she see DW on the parking lot as she went to the car?

Why would DW keep anything that had even the most remote possibility of having Danielle's DNA on it. I think he could afford new sheets, jacket, etc.

JMO, but this case stinks to high heaven and I think DAMON is the culprit (and maybe BVD doesn't even know it).

Thanks, Miz. Shoulda known you haven't missed one thing when it comes to info on this trial! You go girl!

sw

Bump to ALL of your comments.....FDA

Westerfield hearing could be focused on death penalty

DA seeks death in Westerfield case

hhmmmmm.......!!!!!

San Diego Slave Trade

SAN DIEGO -- San Diego is at the center of an illicit slave trade that spans the globe, according to a Unit10 report.