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Danielle van Dam - Case Timeline prior to trial of David Westerfield. Feb 2 - May 30, 2002
Crime and Punishment ^ | May 30, 2002 | Bill Bickel

Posted on 05/30/2002 12:18:18 PM PDT by FresnoDA

A fairly complete synopsis of the VD case....some of the links however have expired....FresnoDA

Danielle van Dam
by Bill Bickel

Sometime between 10pm Friday, February 1, 2002, and 9am Saturday, February 2, 7-year-old Danielle van Dam disappeared from her bedroom in the Sabre Springs section of San Diego, California. Her body was found in the desert outside of San Diego on February 27.

Update: May 28
The actual jury selection for David Westerfield's trial began today (previously, potential jurors had been filling out questionnaires)

Analysis: May 21
Why did the defense favor a speedy trial? Probably to take advantage of the public backlash against the van Dams.

Update: May 17
Jury selection began this morning with potential jurors completing questionnaires. The trial date is tentatively set for June 3

Update: May 15
The judge ruled today that some of the pornography on David Westerfield's computer will be allowed as evidence in the trial, and that the jury will only hear limited testimony about the Damon and Branda van Dam's sexual lifestyles (as if anybody living in the San Diego area hasn't already read about it in somewhat-graphic detail)

Update: May 8
Prosecutors want to show the jury a computer animation -- from David Westerfield's computer -- showing a young girl being sexually molested. This, they say, would indicate Westerfield's motive for abducting Danielle. The defense, not surprisingly, has asked the judge not to allow this.

Update: May 7
During a hearing in which lawyers were presenting pre-trial motions, the prosecution disclosed that, based on Danielle's missing teeth, they believe she was suffocated by having something stuffed into her mouth

Update: May 7
The judge has ruled that 6 of the 7 autopsy photos can be admitted as evidence.

Update: May 4
While searching a local dump for evidence in the Jahi Turner disappearance, searchers found documents from the office of the lawyer defending David Westerfield. No details have been released, but the documents were sealed and impounded

Update: April 25
Prosecutors announced today that they will seek the death penalty against David Westerfield.

Update: April 19
A judge has determined that only one of the police officers involved in Westerfield's interrogation had any complaints against him, and handed that information over to Westerfield's attorney (see April 4 update)

Update: April 18
Television and radio broadcasts will be allowed in David Westerfield's trial

Update: April 17
A lawyer representing the news media has filed an appeal requesting that the information that led to the search warrant for David Westerfield's home and vehicle (and, ultimately, his arrest) be released to the public. The defense opposes this disclosure on the grounds that it will influence any potential jury -- and that some of the information won't be admissible in the trial anyway.
(See poll, right-hand column)

Update: April 12
Was David Westerfield "abusively" questioned? Prosecutors offer the police side of the story, insisting the questioning was completely voluntary

Update: April 4
David Westerfield's attorney charges that Westerfield had been questioned "abusively" and denied legal counsel -- and requested the personnel files of everybody involved to determine whether they'd been accused of treating suspects in this manner in the past.

Update: March 28
David Westerfield is arraigned and pleads not guilty. A May 17 trial date was set. The prosecution did not state whether it would ask for the death penalty, and the defense did not state whether it would ask for a change of venue (both sides have until April 18 to file motions). This article includes an analysis of what the defense strategy might be.

Analysis: March 26
Why David Westerfield might prefer a quick trial in San Diego County

  • Also: DNA Evidence: How it's used in general, and how it will be used in the case against David Westerfield
Update: March 14
Brenda van Dam testifies. She mentioned that Westerfield had told her he hosted "adult parties", and Brenda adds "I didn't know what he meant by that". Given the rumors of the van Dams' involvement in activities of this sort -- and the ultimate irrelevance of this information -- it seems a rather odd thing for her to be mentioning.
Update: Brenda van Dam was cross-examined about her sexual lifestyle, her drinking and her drug use. It was a fairly ugly exercise, and this was just a preliminary hearing to determine whether Westerfield should be held over for trial, and its outcome is hardly in doubt: Westerfield's actual trial promises to be far worse.
Update: As expected, David Westerfield has been ordered to stand trial. Arraignment has been scheduled for March 28. Also: During questioning today, Damon van Dam admitted he'd gone to bed with one of Brenda's friends the night Danielle went missing.Update: March 12
Investigators say that David Westerfield had over 64,000 "sexually provocative" pictures of (apparently) teenage girls on his computers.
Update: Westerfield also had 2200 mpeg videos, but the total number of images clearly involving minors is now said to be about 100
Update: Danielle's fingerprints were found in Westerfield's home. The hearing will resume Thursday (March 14)

Update: March 11
At David Westerfield's preliminary hearing, he officially heard the charges against him and the public learned some unpleasant details about the evidence linking him to Danielle's abduction and murder. The hearing will decide whether Westerfield will stand trial, though it's probably safe to call that a foregone conclusion.

Update: March 11
Police investigators describe what made them suspicious of David Westerfield

Update: March 9
Superior Court Judge H. Ronald Domnitz has issued a gag order applying to all parties in the case

Update: March 8
The defense is asking for a gag order relating to this case. The judge is expected to rule later today.
David Westerfield faces a preliminary hearing Monday (March 11).

Update: March 6
Shortly after Danielle's body was found, two San Diego police detectives tried to speak with Westerfield without permission from either the prosecutor's office or Westerfield's lawyer

Update: March 4
The defense is appealing a court order that would make public the details of the search warrants issued for David Westerfield

Update: March 1
Because of the decomposition of the body, the time and cause of death might never be positively determined

Update: February 28
All search efforts have ceased.
Update: An autopsy has officially confirmed that the girl found in the desert was Danielle van Dam

Update: February 28
All search efforts have ceased.
Update: An autopsy has officially confirmed that the girl found in the desert was Danielle van Dam

Update: February 27
A girl's body has been found in the desert just outside of San Diego. Details to follow
Update: Police say there's "a high probability" that the body is Danielle's. Also: Police are searching a dry cleaning establishment where Westerfield reportedly brought both clothing and seat cushions from his motor home, shortly after Danielle's disappearance
Update:
"Tonight we believe that Danielle van Dam's body has been found" -San Diego County District Attorney Paul Pfingst
The identification of Danielle's body is virtually certain: Medical tests will be performed, but a plastic necklace and earring similar to those Danielle was wearing when she disappeared were found near the body.

Update: February 26
David Westerfield is charged with murder, kidnapping, and possession of child pornography
Update: He's pleaded "not guilty", and is being held without bond

Update: February 25
"I must conclude that Danielle van Dam is no longer living and was killed by her abductor" -San Diego District Attorney Paul Pfingst
Although Danielle's body has not been found, David Westerfield will be arraigned tomorrow on murder and kidnapping charges.

Update: February 24
San Diego Police Chief David Benjarano confirmed that child pornography had been found in David Westerfield's home.

Update: February 23
More information about the evidence against David Westerfield and how it was acquired. This article also confirms that pornography was found in Westerfield's home, but notes that it has not been determined whether any of females in the photographs were under 18 (last week, UPI referred to Westerfield as being "reportedly a collecter of child pornography")

There appears to have been no basis to the tips earlier this week that Danielle had been spotted in Tijuana

Update: February 22
David Westerfield was arrested at 10:45 this morning (1:45pm EET) and charged with kidnapping Danielle.
Update: Danielle's blood had been found on Westerfield's clothing and in his motor home

Update: February 21
Police returned to the van Dam home today and took away 2 sliding doors from Danielle's room, hoping to find fingerprints or other evidence. Just as an aside: This case has now officially been adopted by the supermarket tabloids, with the cover of this week's Star referring to Danielle as "The New JonBenet".

Update: February 21
Based on several tips, investigators have expanded their search area into Mexico (Tijuana is less than 20 miles from San Diego)

Update: February 20
Investigators are looking into similarities between Danielle's disappearance and a number of other unsolved area disappearances going back almost 30 years.
Update: Police are examining DNA from the case of Patricia Kuzara,, a local 7-year-old girl who was abducted and murdered in 1974

Update: February 16
This UPI story describes David Westerfield as being "reportedly a collecter of child pornography".

Update: February 15
"We will solve this case sooner rather than later ... We have a ton of evidence that we are meticulously going over. We are making progress" -Assistant Chief Steve Creighton of the San Diego Police Department
Unfortunately, noplace in Mr Creighton's statement, which the San Diego Union Tribune refers to as "confident", was there any expectation of actually bringing Danielle home...

Update: February 14
Police searched David Westerfield's home again last night (no word yet on why or what was found), and the van Dams have scheduled a press conference for this morning at 8:00 Pacific Standard Time (11 Eastern Standard Time)
Update: Police searched Westerfield's house for 5 hours and carried out boxes and other items. No further details were announced.
Update: The press conference was a call for more search volunteers

Update: February 13
David Westerfield is now considered the sole suspect, and the FBI is analyzing his DNA. Also, a knapsack found about a mile from the van Dam home seems to be significant, but the police aren't elaborating.

Update: February 13
"We are not real hopeful on her condition" - Lieutenant Jim Duncan, San Diego homicide detective

Update: February 12
A local bail bondsman has put up a $50,000 reward for information about Danielle's abduction, and her parents have hired one of the country's biggest PR firms to coordinate their media appearances.

Update: February 11
Danielle's parents offer a $25,000 reward, as the investigation seems to be at a standstill

Update: February 11
A Newsweek article about the case, mentioning how the public's attention ("the media's attention" might be more accurate) is becoming increasingly focused on Damon and Brenda van Dam's alleged "swinger" lifestyle. This article still mentions David Westerfield's RV having been stuck in the desert on February 2, the day of Danielle's disappearance, when in fact it's now believed that this happened on February 3.

Update: February 11
A quote from today's Washington Times (italics mine): "Danielle was apparently abducted while she slept and her parents were reportedly busy partying with some friends behind locked doors"

Update: February 10
Facts presented without comment: A man who moved next door to the van Dams two days before Danielle's disappearance says that the morning she went missing, Damon asked him if he'd seen her, telling him she has a habit of sleepwalking.

Update: February 9
According to this San Diego Union-Tribune article, the public is starting to question aspects of the van Dams' account (and their lifestyle). What they're really saying here is that the media's starting to turn on them.

Update: February 9
A look at the circumstantial case against David Westerfield
February 10 Update: The tow truck driver's account of pulling Westerfield's RV out of the sand in the desert Saturday, February 2, is now thought to be in error: Evidence indicates this actually happened Sunday, February 3

Update: February 7
David Westerfield, though still not officially a suspect, has hired a lawyer.

There are definitely some odd aspects to this case: the fact that Damon van Dam thought nothing of the fact that a door was open at 1:30am comes to mind. Odder, perhaps, is Damon's description of Westerfield as "an acquaintance. He's not a friend ... We've seen him since we moved in", though his wife, Brenda, had been dancing with Westerfield at a bar the night of Danielle's disappearance (before midnight).

Update: February 7
Today, Danielle's parents were driven by police to a remote area of the desert outside of San Diego. Police aren't revealing any specifics, but this is believed to be the area where David Westerfield was camping Saturday (hours after Danielle's disappearance)

Update: February 6
This article details some of the evidence that makes David Westerfield a suspect in Danielle's disappearance (though police have not officially named him as a suspect and in fact have not actually released his name)

Update: February 5
A neighbor, David Westerfield, whom police are saying is "not under arrest", is being questioned.
Update: Westerfield's car has been impounded, after investigators searching it found evidence connected with the case.

Update: February 4
Police are treating the disappearance of the 7-year-old San Diego-area girl as an abduction. She was last seen in her bedroom Friday night. At 1:30am her father, Damon van Dam, noticed that a burglar alarm light was blinking, and a door was open.

February 3
The original news story



TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: vandam; westerfield
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To: theirjustdue
Unless, of course, he is not talking about his client's photos, which was my original point.

I undersyand. We're both just speculating until the evidence comes in, but I think, if it were not his client's photos, he would have said something to that effect.

121 posted on 05/31/2002 10:05:16 AM PDT by Lurking Libertarian
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To: ~Kim4VRWC's~
I don't think that's what Feldman is doing. Too big a chance it could back-fire. He's not an idiot nor is he the B-Team. If it is from another source than DW or VD, that's a different story. I still think this will be a shocker.

I don't know the discovery rules. I know that prosecution has to turn over what they have. But does defense have to turn over what they have, other than names of witnesses?

122 posted on 05/31/2002 10:09:14 AM PDT by Jaded
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To: Lurking Libertarian
Think that would depend on who's photographs they are and who they are of. If it's part of the defense strategy proving David did not commit this crime, why bother telling before hand and risking the DA trying to take them or get them tossed. The DA has gone to great lengths to paint a picture that has some really fuzzy spots, where you have to imagine the whole canvas while not being able to see it. Well at least some don't see it. Not to worry the count down to autofocus has a date.
123 posted on 05/31/2002 10:17:00 AM PDT by Jaded
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To: Politicalmom
So what you are saying is that even if the porn ISN'T Westerfield's, it should still be used against him as a motive, just because he should have "monitored"?

No, but if he's innocent, and someone else put those on *his* computers.. his lack of control over his puter is what helped get him in this mess. So...if that's the case, I feel tremendously sorry for him....

124 posted on 05/31/2002 10:19:30 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
The point is what if it didn't come from his computer. What if the source is different.
125 posted on 05/31/2002 10:22:54 AM PDT by Jaded
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To: Jaded, amore, fresnoda
Unless they've changed, defense has to turn over whatever info he/she has too.. I'm pinging amore for help.. If the prosecution knows what the defense is talking about..it must not bother them too much. Of course, we all know what poker faces are.
126 posted on 05/31/2002 10:23:36 AM PDT by Freedom2specul8
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To: theirjustdue
I don't think Feldman would want to *seat* a juror who would keel over at the site of "nasty".

A juror who may be shocked and appalled at really nasty porn, may resolve the *motive* issue in their own mind based on shock value. In other words, they may think that DW is more capable of committing this crime because of his porn preferences.

Therefore, IMO, Feldman would want jurors seated who think they can *handle* really nasty...

127 posted on 05/31/2002 10:24:10 AM PDT by vacrn
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To: Jaded
The point is what if it didn't come from his computer. What if the source is different.

They said the 4 puters and palm pilot, or was it 3 puters and palm pilot were defendants, correct? What exactly do you mean? Planting evidence?

http://members.cox.net/jeneal/PrelimTranscripts/PVW312.txt

128 posted on 05/31/2002 10:35:25 AM PDT by Freedom2specul8
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To: vacrn
Yeah, I dare say a preacher is probably not going to be selected for jury duty in this case....
129 posted on 05/31/2002 10:37:16 AM PDT by Freedom2specul8
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To: Lurking Libertarian
" I undersyand. We're both just speculating until the evidence comes in, but I think, if it were not his client's photos, he would have said something to that effect.

I've wondered why he didn't make it clear as well.

We are not aware of any prepubescent photos of DW's, that could be clearly identified as such by LE. At least none that could be identified as such, at the time of the PH. But, if some possibly do exist, Feldman may have been visually gauging the reaction of each potential juror for any outward hint of disgust, or any other subtle reaction that might, in his mind, make them a juror he would not like to see impaneled.

That's the only other possibility (besides those already discussed) that I can think of for his bringing it up.

130 posted on 05/31/2002 10:39:23 AM PDT by theirjustdue
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To: theirjustdue
maybe it wasn't ON HIS COMPUTER
131 posted on 05/31/2002 10:44:03 AM PDT by demsux
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To: Jaded
More reliable sources? TNF? LOL, {hugz} kizzez too. TNF!!! Hear they're sharpening the blade on the guillotine over there. Becareful when you play with sharp objects. LOL

LOL I never said anything about reliable. I said more takes..BIG difference. of course, ya'll reach for the stars...and well I'd rather reach for their creator. ;-D

132 posted on 05/31/2002 10:44:04 AM PDT by Freedom2specul8
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To: vacrn
"Therefore, IMO, Feldman would want jurors seated who think they can *handle* really nasty...

I must have been typing my response to LL, #121, at the same time you were posting this.

Looks like we were thinking along the same lines.

133 posted on 05/31/2002 10:46:06 AM PDT by theirjustdue
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To: theirjustdue
Feldman may have been visually gauging the reaction of each potential juror for any outward hint of disgust,

He said "He also warned them they would be forced to view pornography depicting "naked pre-pubescent girls"

If he lied to them right off the bat, he's in trouble.. So, yeah, this could be been said to guage their reaction..but he wouildn't have said it if he didn't mean it. If he didn't mean it, he could get out of it later by saying they changed their mind.. He's got to stay honest with the jury and not play with their minds..

134 posted on 05/31/2002 10:50:21 AM PDT by Freedom2specul8
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To: Jaded
I think I just got what you meant!! You meant that it could be a videotape, or pictures, photos.. we all keep thinking images off the puter.. Got it.
135 posted on 05/31/2002 10:52:10 AM PDT by Freedom2specul8
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To: demsux
Maybe the porn wasn't on anyone's computer. Just a thought. There are other ways of storing images, etc., such as videotapes, dvds, digital cameras...
136 posted on 05/31/2002 10:54:34 AM PDT by MizSterious
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To: ~Kim4VRWC's~
I maintain that it could have also come from the van Dam computers--it's just as likely as Westerfield's, given their chosen "lifestyle."
137 posted on 05/31/2002 10:55:57 AM PDT by MizSterious
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To: demsux
"maybe it wasn't ON HIS COMPUTER"

That's very possible too, ds. Although they had an awful lot of time to go through all of DW's belongings, but it still may be.

In any case, if they do have any such photos, it may get him convicted on the child porn charges, but it doesn't necessarily mean he killed Danielle. That, IMO, will take more evidence, than what we have thus far been made aware of.

138 posted on 05/31/2002 10:57:09 AM PDT by theirjustdue
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To: ~Kim4VRWC's~
"If he lied to them right off the bat, he's in trouble.. So, yeah, this could be been said to guage their reaction..but he wouildn't have said it if he didn't mean it.

Who said he was lying Kim?

If that was his intent (and I say IF it was), it would then seem, he must know such photos exist.

139 posted on 05/31/2002 11:02:37 AM PDT by theirjustdue
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To: MizSterious
I maintain that it could have also come from the van Dam computers--it's just as likely as Westerfield's, given their chosen "lifestyle."

Well, why is *he* charged with child porn and not the vd's?

140 posted on 05/31/2002 11:06:07 AM PDT by Freedom2specul8
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