Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-195 next last
To: theirjustdue
Thinking along the same lines:)

Interesting article about intoxication as an affirmative defense.

http://www.emory.edu/AAPL/newsletter/N241_mens_rea_defenses.htm

141 posted on 05/31/2002 11:07:06 AM PDT by vacrn
[ Post Reply | Private Reply | To 133 | View Replies]

To: theirjustdue
I wasn't pointing to you only..It's not exactly that people said he was lying, but it was the idea that he said that only to judge reactions.... I could have easily misread the posts...or misjudged the undercurrent flowing in the thread. Sorry bout that.
142 posted on 05/31/2002 11:10:57 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 139 | View Replies]

To: ~Kim4VRWC's~
If they found something on the vD computers, the prosecution would not want to bring that into evidence. It wouldn't look good for their case. They've outlined what they found on Westerfield's computer. So where is this other stuff from? If the prosecution found this on the vD computers, they wouldn't be forced to bring it out at trial, but they would (I believe) be forced to turn it over to the Westerfield defense team. And if that's the case, Feldman will almost certainly use it.
143 posted on 05/31/2002 11:12:28 AM PDT by MizSterious
[ Post Reply | Private Reply | To 140 | View Replies]

To: vacrn
I thought it was odd to use alcohol as a defense..nice article find.. I'll read it all when I get back online. Manslaughter and alcohol seems to go hand in hand cuz it may be something someone would NOT do if they were sober..
144 posted on 05/31/2002 11:13:36 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 141 | View Replies]

To: ~Kim4VRWC's~
Because, and don't take this the wrong way, they are the victims. Could you imagine the uproar? This case is highly emotional.
145 posted on 05/31/2002 11:15:11 AM PDT by Jaded
[ Post Reply | Private Reply | To 140 | View Replies]

To: MizSterious
If they found something on the vD computers, the prosecution would not want to bring that into evidence.

Wait a minute.. what is it called when the police IGNORE a crime like that? That's my point. Child Porn, operation candy man or whatever it's called..it's hot right now..getting people caught and convicted. They are ABSOLUTE idiots if they did not charge them as soon as they found out. Tis hard to even comprehend...

I have some errands..will check in when I get back.

146 posted on 05/31/2002 11:16:18 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 143 | View Replies]

To: ~Kim4VRWC's~
"I wasn't pointing to you only..It's not exactly that people said he was lying, but it was the idea that he said that only to judge reactions.... I could have easily misread the posts...or misjudged the undercurrent flowing in the thread. Sorry bout that."

My guess is you didn't read it. But here it is again. I don't know how I could have made it any clearer.

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.

147 posted on 05/31/2002 11:16:29 AM PDT by theirjustdue
[ Post Reply | Private Reply | To 142 | View Replies]

To: Jaded; All
When I went to look at the photos from Danielle's Memorial Service, I saw a photo that I hadn't seen before. I'm referring to the one where they are displaying one of the "Heirloom" poses of Danielle, with the umbrella.

Do you know if there are other shots of it on the internet anywhere? I'd like to see it clearer than the 'photo in a photo'.


148 posted on 05/31/2002 11:18:37 AM PDT by Karson
[ Post Reply | Private Reply | To 125 | View Replies]

To: Jaded
Which post was #145 referring to?
149 posted on 05/31/2002 11:21:08 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 145 | View Replies]

To: theirjustdue
You said "But, if some possibly do exist, ". He said "they would be forced to view "

The report was just saying to me, they have some...and they'll be forced to look at them...meaning there's no question..otherwise he was lying during voir dire...which would be a major mistake.

150 posted on 05/31/2002 11:25:33 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 147 | View Replies]

To: ~Kim4VRWC's~
Wait a minute.. what is it called when the police IGNORE a crime like that? That's my point. Child Porn, operation candy man or whatever it's called..it's hot right now..getting people caught and convicted. They are ABSOLUTE idiots if they did not charge them as soon as they found out. Tis hard to even comprehend...

If it's something off the VD's computer, it may not be definitive enough to bring actual charges (yet, anyway). Could be nothing more than her getting out of the tub. Still would meet the definition of "a nude, prepubescent female" wouldn't it?

Now, before you guffaw at that kind of possibility, I'll save you the trouble. Remember the photos found on DW's computer of his girlfriend's daughter lounging in her swimsuit? Not all that much, in and of themselves, in my mind. But, they were used to show an emerging picture of what they claim DW to be.

Could the same be said of DVD if such questiionable photos of Danielle were found on his computer? In other words, "What's good for the goose is good for the gander".

151 posted on 05/31/2002 11:39:08 AM PDT by theirjustdue
[ Post Reply | Private Reply | To 146 | View Replies]

To: ~Kim4VRWC's~
They aren't going to charge the VDs with ANYTHING until the case is over.

If there aren't child endangerment charges after all this, I am going to be disgusted.

152 posted on 05/31/2002 11:54:17 AM PDT by Politicalmom
[ Post Reply | Private Reply | To 140 | View Replies]

To: ~Kim4VRWC's~
You said "But, if some possibly do exist, ". He said "they would be forced to view " The report was just saying to me, they have some...and they'll be forced to look at them...meaning there's no question..otherwise he was lying during voir dire...which would be a major mistake

Kim, I'm only going to try one more time.

The key here, is that IF THAT WAS THE REASON he said it, AND IF PROSECUTION HAS SUCH PHOTOS (it was all supposition, okay?), then Feldman would naturally be expecting them to be shown during the trial.

So, Feldman wouldn't have been lying and would have had every right as DW's defense attorney to say it and to attempt to gauge their reactions. What they see in a their eyes, their reactions and a defense attorney's gut instincts are in large part what they base their decisions on as to whether or not to seat them.

153 posted on 05/31/2002 12:02:50 PM PDT by theirjustdue
[ Post Reply | Private Reply | To 150 | View Replies]

To: Politicalmom
But don't be surprised if it doesn't. It's not the main focus here.

People were screaming for Rusty Yates to be charged as well. That never happened.

154 posted on 05/31/2002 12:03:24 PM PDT by Jaded
[ Post Reply | Private Reply | To 152 | View Replies]

To: theirjustdue;all
The first paragraph in my #150 was from KIM. It just didn't get italicized.
155 posted on 05/31/2002 12:07:22 PM PDT by theirjustdue
[ Post Reply | Private Reply | To 153 | View Replies]

To: Politicalmom
If there aren't child endangerment charges after all this, I am going to be disgusted.

Make that two of us!T he DA's office already has just cause -- the VDs testimony under oath -- for bringing charges against them.

156 posted on 05/31/2002 12:51:16 PM PDT by Karson
[ Post Reply | Private Reply | To 152 | View Replies]

To: Jaded
Yates didn't admit to breaking several laws under oath. Maybe that will make a difference.
157 posted on 05/31/2002 1:18:27 PM PDT by Politicalmom
[ Post Reply | Private Reply | To 154 | View Replies]

To: All
I have to say this. Something has been bothering me about all of Danielle's pictures, and I finally figured it out. Why does she look so raggedy? Her hair almost always looks like a haystack, and she just looks NEGLECTED. Am I alone in feeling this way? For someone so concerned with her OWN appearance, couldn't BVD at least have gotten the poor child a nice hair cut? Maybe some barrettes? A hair brush?
158 posted on 05/31/2002 1:21:37 PM PDT by Politicalmom
[ Post Reply | Private Reply | To 157 | View Replies]

To: Politicalmom
No, I noticed the hair thing as well... I didn't judge her cuz I had horrid hair problems between 10-13 yrs. It was too fine, and looked stringy so easy..but blonde hair does that. Of course, my hair is much darker now..but I do remember tangles..
159 posted on 05/31/2002 1:31:57 PM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 158 | View Replies]

To: theirjustdue
So, Feldman wouldn't have been lying and would have had every right as DW's defense attorney to say it and to attempt to gauge their reactions. What they see in a their eyes, their reactions and a defense attorney's gut instincts are in large part what they base their decisions on as to whether or not to seat them

Agreed..

160 posted on 05/31/2002 1:33:30 PM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 153 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-195 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson