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To: FresnoDA
Good news!
2 posted on 04/25/2002 9:17:34 AM PDT by Rodney King
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To: MizSterious;spectre;Amore;Travis McGee;BunnySlippers;Doughtyone;Hillary's Lovely Legs;Snow Bunny...
PING...John Walsh clapping.....!!!) ) )
3 posted on 04/25/2002 9:18:32 AM PDT by FresnoDA
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To: MizSterious

Westerfield: Will Lawyers Seek Death Penalty?

Westerfield Accused Of Kidnapping, Killing Danielle Van Dam

Posted: 7:31 a.m. PDT April 25, 2002
Updated: 7:42 a.m. PDT April 25, 2002
SAN DIEGO -- Prosecutors in the Danielle van Dam murder case are expected to announce Thursday whether they will seek the death penalty against her accused killer.alt

David Westerfield, a neighbor of the 7-year-old girl reported missing from her Sabre Springs home Feb. 2, is charged with murder and the special circumstance allegation of murder during a kidnapping.

Brenda and Damon van Dam's daughter was the subject of a wide-ranging search that lasted nearly a month before the second-grader's body was found among some trash along a rural Dehesa road on Feb. 27.

Westerfield, who lived two doors away from the van Dams, was questioned almost immediately in connection with the girl's disappearance. Police kept Westerfield under surveillance and initially arrested him Feb. 22 on suspicion of kidnapping.

He was charged with Danielle's murder a day before the body was found.

During a hearing last week, the judge reaffirmed the gag order placed on attorneys and witnesses in the days following Westerfield's arrest, and extended it until the trial, set for May 17.

Mudd broadened the order to include any county employee who may have anything to do with the case, including those who work in his courtroom.

Mudd ordered television crews to stay out of the north corridor on the third floor of the downtown county courthouse while pretrial proceedings are under way. An exception was granted for members of the news media covering other cases.

The judge has said he wants to work out a plan to allow for live pool television and radio coverage of the trial.

Westerfield's attorneys, who have suggested wrongdoing by police, were granted access to the names, addresses and phone numbers of people involved in two complaints against an unnamed San Diego police officer.

The attorneys allege San Diego police detectives improperly questioned their client and held him against his will when he was not technically under arrest.

The judge is expected to hear arguments on pretrial motions the week of May 6.


4 posted on 04/25/2002 9:23:36 AM PDT by FresnoDA
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To: spectre;Jaded;demsux

altDeath penalty question looms in Westerfield case

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- The decision on whether David Westerfield will face life in prison or death if convicted of kidnapping and murdering 7-year-old Danielle van Dam could come as soon as today.

The decision rests in the hands of District Attorney Paul Pfingst.

Death penalty standards

The district attorney's office's Special Circumstance and Major Case Review Panel weigh and consider the following factors before making a recommendation in a potential death penalty case:

The circumstances of the crime.

 

  • The presence of force or attempted use of force by the defendant, or an implied threat to use force or violence.

     

  • Whether the defendant had any prior felony convictions.

     

  • Whether the defendant acted under the influence of extreme mental or emotional disturbance.

     

  • Whether the victim was a participant in the accused's homicidal conduct or consented to the homicidal act.

     

  • Whether the crime was committed under circumstances the defendant reasonably believed to be a moral justification or an extenuation of his or her conduct.

     

  • Whether the defendant acted under extreme duress or under the substantial domination of another person.

     

  • Whether at the time of the offense, the capacity of the defendant to appreciate the criminality of his or her conduct, or to conform to the requirements of the law, was impaired as a result of mental illness or the effects of intoxication.

     

  • The age of the defendant at the time of the crime.

     

  • Whether the defendant was an accomplice to the offense and whether his or her participation in the commission of the offense was relatively minor.

     

  • The defendant's character, background, history, mental and physical condition.

     

  • Any other circumstance that mitigates the gravity of the crime even though it may not be a legal excuse for the crime.

     

  • The impact of the crime on the community and those close to the victim.

     

    ---- Source: the San Diego County district attorney's office

     


Although the prosecution and Westerfield's defense team are under a court-imposed gag order not to discuss the case, there was mounting speculation that Pfingst will announce his decision today in a hearing in front of Superior Court Judge William Mudd.

Private attorneys said a timely decision is important because of the work involved in preparing for a death penalty case. State law reserves capital punishment for so-called special circumstance cases, such as when a murder victim is tortured or kidnapped for sexual purposes.

Prosecutors say Westerfield, 50, stole the Sabre Springs second-grader from her pink and purple bedroom and murdered her. Danielle's body was found nearly four weeks after her parents reported her missing Feb. 2.

Westerfield, a self-employed engineer and twice-divorced father of two, has pleaded not guilty to the charges. He lived two doors down from the van Dams. A trial is set for May 17.

Special circumstances

Before the district attorney decides whether to seek the death penalty, a panel of top prosecutors reviews the case and recommends a punishment. There are more than 30 special circumstances that can qualify a murder defendant for execution.

Many have to do with killing law enforcement officials, such as a police officer or a judge. Others cover the murders of witnesses and revenge killings. Multiple murders also qualify for the death penalty.

The panel will have looked at Westerfield's character, any prior criminal history and the impact Danielle's murder had on the community and her loved ones before making a recommendation. They also will consider the likelihood of a jury returning a death verdict.

Defense attorneys also can argue against death. Often they will submit statements from a defendant's family members, their colleagues and even their favorite grammar-school teacher.

"Basically, you're trying to depict your client in the best possible light," said David Bartick, a criminal defense attorney who has represented several clients who qualified for the death penalty.

Bartick said Pfingst also meets with defense attorneys before making a final decision.

"I can honestly say Paul Pfingst is very independent in that regard," Bartick said. "I've had cases where he's gone against the recommendation. He does what he thinks is proper."

A long process

In the end, Pfingst must balance the shocking nature of Danielle's murder against the strength of the case. How Danielle died and whether she was sexually assaulted has not been released and may never be known. Her body was badly decomposed.

While the crime may have struck a deep chord in the community, Westerfield apparently has nothing more than a misdemeanor drunken driving conviction in his past. He also is a father. Family and friends have described him as a gentle man.

If Pfingst decides to seek the death penalty, both sides will have to prepare for a two-prong trial.

In the first part, a jury will decide whether the prosecution has proven its case beyond a reasonable doubt and whether the special circumstance allegation of kidnapping is true. If Westerfield is found guilty on all counts, the jury will hear more testimony during the penalty phase before deciding whether he should be executed or spend the rest of his life in prison.

"Clearly, a decision to seek the death penalty significantly alters the way a case is prepared for trial," said Kerry Steigerwalt, a criminal defense attorney who has represent several murder defendants.

Steigerwalt said Westerfield's lack of a violent criminal record, drug use or weapons charges may give Pfingst pause in seeking the death penalty.

"I think they've already made the decision and the decision is they aren't going to seek death," he said.

The timeline for making the decision has been fast-forwarded in Westerfield's case ---- which is moving ahead at breakneck speed. Murder cases normally don't go to trial until one year or more after the alleged crime was committed.

A brief history

The state has been imposing the death penalty on and off for more than 150 years. There was a 25-year break in executions after 1967 due to various California Supreme Court and U.S. Supreme decisions.

The last inmate execution in a San Diego case was Robert Alton Harris in 1992, who was convicted of kidnapping and murdering two teen-age boys in 1979.

The process from sentencing to execution is long and involved. On average, the death row wait is more than 12 years.

Since 1994, the San Diego district attorney's office has sought the death penalty against 14 defendants. Eight were sent to death row. Those include Brandon Wilson, who slit the throat of 9-year-old Matthew Cecci in an Oceanside beach restroom, and Susan Eubanks, a San Marcos woman who murdered her four sons.

None of those eight inmates has been executed.

 

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

4/25/02

5 posted on 04/25/2002 9:28:31 AM PDT by FresnoDA
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To: Rodney King

BREAKING NEWS.....Van Dams found to be French in origin, not Dutch as suspected.....

Le Relapse: Libertinism Makes A Comeback in French Clubs
The New York Times | 04/28/2002 | GUY TREBAY
PARIS

A woman called Sylvie — no last name, for reasons that will soon be clear — was talking. "I love to be touched by other men," she said. "It makes him very jealous, but then it makes him very passionate later on."

The masculine pronoun in the preceding sentence belonged to a man called Jean-Charles, same surname as Sylvie. The two are married. They live on the outskirts of Paris. They have been partners, matrimonially and otherwise, for just over 13 years. For the past 18 months Jean-Charles and Sylvie have had a standing date with each other, and also with a changing cast of instantly made new best friends, at a private club in central Paris called Cléopâtre.

They meet there regularly for evenings of what in French is called échangisme, the term for a practice based on seeking sexual gratification with people that, in many cases, one has just met. First, being French, they eat.

On a cool spring evening at Cléopâtre, Jean-Charles and Sylvie sat down to a meal of white asparagus with béarnaise sauce, lobster and a nice bottle of Chablis, then slipped their matrimonial bonds, climbing the carpeted stairs of the club and entering one of a series of chambers where they were to share their affections with a man named Patrick and a woman named Marie, and then a number of other people whose names, at a certain point, it became impossible for this reporter to ascertain.

This all occurred in an atmosphere whose velvet hush and civilized air of decorum was broken, inevitably, sometime after midnight by an opera of primal grunts and sighs.

"Our philosophy has always been sexual freedom, free from restrictions, free from shame," said Hervé Béhal, the owner of Cléopâtre, which opened in 1978 and eventually evolved into a haven for swingers. "Women, as much as men, want to indulge all their senses and still feel respected. Here, a woman loses no respect if she decides to have sex with four different men."

Whether or not this is so, it seems pretty clear that, as Sylvie said, "the good thing about the échangiste scene is that people come to these places knowing what they want." What is that? "To have fun," she said, "and to make some love."

Paradoxical as it seems, at a moment when an extreme right-wing politician, Jean-Marie Le Pen, can garner nearly 17 percent of the vote in the early balloting for the French presidency, and when the clichés about the conservativeness of French cultural life can easily strike a foreigner as apt, Paris is enjoying a wave of libertinism that makes New York look as though it were being run by the elders of Salem.

Statistics are not easy to come by. And visitors are in little danger of mistaking contemporary Paris for San Francisco during the Summer of Love. But it is increasingly clear that activities that once seemed the concern of a small sexual fringe have made inroads into the French mainstream, with both the French press and government health officials remarking the arrival of France's new class of libertines.

"There has been a tremendous increase in the number of commercial venues for all these activities," both in Paris and throughout the country, said Yves Souteyrand, head of the office for social science and public health at the French National Agency for AIDS Research, referring to the back-room sex now said to be common in straight and gay clubs throughout the capital.

"It is a big phenomenon right now," added Carine Roitfeld, the editor of French Vogue, whose March issue featured a story on the rise in échangisme that deemed it more "a la mode" than ayurvedic massage or aromatherapy.

"It is very, very fashionable for some reason," Ms. Roitfeld said.

More than 250 heterosexual échangiste clubs currently operate in France, according to the editors of Couples, which bills itself as "le magazine des échangistes." Nearly 50 restaurants, clubs and saunas in Paris openly cater to heterosexual adventurers. In addition, 35 gay bars and clubs operate so-called back rooms, in nearly all of the city's 20 arrondissements, according to Jean-François Chassagne, the president of S.N.E.G., a trade group for gay businesses in France. "When I moved to Paris in 1983, there might have been five back rooms," said the novelist Edmund White, whose 2001 book-length essay, "The Flâneur," neatly diagrams three centuries of French sexual laissez-faire.

Compared to the licentious antics at most échangiste clubs and back-room gay bars in Paris, New York's current chasteness seems eons away from its steamy pre-AIDS incarnation, when Plato's Retreat was so fashionable it rated a cover story in New York magazine, and when gay sexual adventurers made obligatory pilgrimages to such grotty local fleshpots as the Anvil or the Mine Shaft, where patrons were expected to check their clothes at the door.

Like any worthwhile movement, the new French libertinism has its designated journals (Purple Sexe, Couples and the English language Deliciae Vitae), its documentarians and its bards. The novelist Michel Houellebecq's 1998 novel, "The Elementary Particles," sold more than 300,000 copies in France, less, perhaps, on the merits of its deadpan prose than on its obsessive depictions of group and anonymous sex. "La Vie Sexuelle de Catherine M.," a memoir by Catherine Millet, a feminist critic and editor, rocketed to the top of the sales charts last year on the strength of the author's sexual résumé, a flatly depicted chart of acts performed in parks and clubs, in automobiles and underpasses, and in serial human combinations that might have exhausted even de Sade.

Guillaume Dustan, too, was transported from small-press obscurity to cultural lightning rod when a mainstream public got hold of his novels "Dans Ma Chambre" and "LXiR," which uninhibitedly celebrate frenzied, anonymous and potentially lethal sex. Mr. Dustan is now a controversial regular on French talk shows — largely, complains Didier Lestrade, a founder of Act Up-Paris, "on the basis of this big concept that, after 20 years of AIDS, the only thing we French have left is our freedom, so we can do whatever we want."

Far from being clandestinely situated, a majority of Paris's sex clubs — Chris & Manu, Yacht Club, L'Abys, to name three of the more popular straight ones — are as frankly self-proclaiming as theme restaurants. Some, like Cléopâtre, are theme restaurants, offering, for a $50 cover, dinner service and a clothing boutique as a supplement to the prime attraction, which is sex.

"Basically, my wife and I come because it is good for the relationship," Jean-Luc, a Cléopâtre regular, said recently. "When you play outside the customary roles, you see your partner in a different way, and you can combat the inevitable boredom of marriage."

As for Jean-Luc's wife, Sybille, échangisme is, she said, "something more interesting than the movies" to do on a Saturday night.

Movie theater receipts are not getting help from the gay clubs of Paris, either. The city's back-room bars have become, said Têtu, France's largest gay and lesbian magazine, the new supermarkets of sex. "Back-room sex has become the French gay national sport," Alexandre Frédéric, a filmmaker, claimed not long ago in an interview in a sex zine.

Using a hidden camera and infrared film, Mr. Frédéric made a documentary, "Night Shot Paris," in the back rooms of Paris's thriving gay sex clubs, places like Le Mec Zone, Les Docks and the notorious Dépôt, a bar that has become, Mr. Frédéric asserted, the second stop on many hip tourist itineraries, after Colette.

By contrast, a sex-club scene that once thrived in New York now survives mostly clandestinely, despite, as Sandra Mullin, a spokeswoman for the City Health Department, explained, "the strict state sanitary codes" forbidding its existence.

In France, back rooms operate legally, flourishing under the accepting gaze of a system whose Gaullist puritanism eased when, in 1981, François Mitterrand's Socialist government was voted into power and the police stopped prosecuting homosexual acts.

Among the apparent results of two decades of liberalization was the election last year of Bertrand Delanoë as the first openly gay mayor of Paris and the recent booming success of places like Le Dépôt.

This 15,000-square-foot establishment looms over the Rue aux Ours, a side street that is five minutes' walk from the Pompidou Center. During the past year, according to Mr. Chassagne of S.N.E.G., the gay-business trade group, the number of patrons for Le Dépôt has reached 20,000 a month.

An $8 door charge at Le Dépôt buys patrons a drink ticket, a condom and admission to a multilevel establishment with a clothes check, a vast dance floor and an underground labyrinth with walls of cinder block and camouflage mesh curtains draped across cubicles where strangers engage in activities that would not have been out of place in Fellini's "Satyricon."

"Why do I come here?" a glazier named Hassan said on a recent night at Le Dépôt. "You can meet anyone here, from any class — it's not an issue if someone is a bourgeois or from the suburbs."

When Jean-Christian Bourcart, a documentary photographer, began taking the pictures that became "Forbidden City," a 1999 book exploring the échangiste scene, then still new, the heterosexual swingers he caught on a camera hidden inside a jacket pocket were "definitely from the suburbs or the countryside," he said. As the scene grew, Mr. Bourcart said, the range of participants seemed to shift, and the échangiste landscape began to draw "more of the elite, more fashionable-looking people," making it, he said, "more impressive as a phenomenon in terms of scale and meanings, sociologically."

Those meanings are perplexing, but the one that most concerns French social scientists has been termed "le relapse," a coinage created by the French press after epidemiologists observed a spike in rates of gonorrhea and syphilis following the introduction, in 1996, of life-extending AIDS drugs.

Even decades into the AIDS pandemic, France still has no system for the reporting of new cases of H.I.V. infection, and statistics on the disease tend to be "estimations," said Marie-Christine Simon, the spokeswoman for the National Agency for AIDS Research. "We don't have the incidence of new cases," she said. "We have only indirect measurements that show there will probably be an increase in new H.I.V. infections, based on the number of new syphilis cases we have seen."

Reports show that syphilis has been making a comeback in France. "People get syphilis if they don't use condoms," Mrs. Simon said. And people who don't use condoms are at higher risk for H.I.V.

"The fact is that, after the treatment revolution in antiviral therapy, people in France felt different about their sexual prospects," said Christophe Martet, a writer for Têtu, the gay and lesbian magazine.

"In the 1980's," when AIDS first appeared in France, Mr. Martet said, "gay people, certainly, began to take measures to limit their sexual activities, the number of partners, and to have less sex."

But soon after the new therapies appeared, he added, France's young people, both homosexual and heterosexual, began to act as if AIDS were over.

"The data that exist anticipate an increase in less preventive behavior" in all populations, especially the young, said Mr. Souteyrand of the National Agency for AIDS Research. "The heterosexual population is somewhat less exposed than the gay population, but with so many heterosexuals practicing échangisme, to be frank, we can't tell where the disease will go."

People are "fed up" with prevention and with the social and moral confinements of safe sex, Mr. Souteyrand said. Or, as Jean-Charles, at Cléopâtre, put it: "Americans worry too much about these things. You have to live freely, to live for the moment, because, let's face it, sooner or later everyone is going to die."

 

286 posted on 04/29/2002 4:52:40 PM PDT by FresnoDA
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