No telling what this is about.....could be RR spin???
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Breaking News Expected Today in the Danielle Van Dam Murder Case Stay tuned to the Rick Roberts Show beginning at 3pm today. |
PROSECUTORS SEEKING DEATH FOR WESTERFIELD
( 04-25-2002 ) - David Westerfield looked away with a blank stare as prosecutors made it official that they will go after the death penalty if he is convicted of killing Danielle van Dam.
Lawyers said they had given, "full and careful consideration" to the decision.
Westerfield, in court Thursday dressed in a coat and tie, is charged with murder with the special circumstance of murder during a kidnapping, making his case eligible for the death penalty.
His attorney, Steven Feldman, took exception to the timing of the announcement. He says he knew long ago that prosecutors would seek the death penalty, but would wait to announce it to try and force a continuance in the case, which is currently scheduled to go to trial in May.
But Judge William Mudd didn't agree. He feels prosecutors took a reasonable amount of time to make such an important decision and they announced their decision as soon as they made it.
However, Judge Mudd is concerned with the propinquity of the announcement to the trial date. He says he's never seen a death penalty case go to trial so quickly and that the fast approaching trial date is on a collision course, with both sides still investigating their cases and going through discovery.
Westerfield's attorney's made it clear that they have no plans to ask for a continuance.
Also discussed in court Thursday, were the questionable photographs found in David Westerfield's computer files.
Westerfield's lawyers say they want copies, but the law specifically says copies can't be made of illegal photographs. So the defense will have to look at the photos at police headquarters.
And because of the gag order that's in place, attorneys are not able to talk to the media and TV cameras will not be allowed in court until the trial.
David Westerfield's next appearance in court is scheduled for May 6, where attorneys will argue pre-trial motions. But as of now, this trial will begin on May 17.