Quick way for "newbies" to get up to speed in the VD trial.....
The Trial of David Westerfield for the Abduction and Murder of Danielle van Dam
by Bill Bickel
Information and updates about the search for Danielle van Dam (February 2 through February 28, 2002) are here
Information and updates about the weeks leading up to David Westerfield's trial (February 28 through May 30, 2002) are here
Background:
- Early in the morning of February 2, 2002, 7-year-old Danielle van Dam disappeared from her bedroom in her San Diego (California) home.
- Within a couple of days, David Westerfield, a neighbor, emerged as the only non-family suspect: On the morning of Danielle's disappearance, he'd driven out to the nearby desert.
- Westerfield was arrested on February 22 and charged with murder, kidnapping, and possession of child pornography on February 26.
- On February 27, Danielle's body was found in the desert. The condition of the body made it impossible to determine the time and manner of her death, or whether she'd been molested.
- Based on the fact that some of Danielle's teeth appeared to have been knocked out, the prosecution believes she suffocated by having something stuffed into her mouth
- Westerfield claims he was "abusively questioned" by police, a charge the police deny.
- The unorthodox sexual lives of Danielle's parents, Brenda and Damon van Dam (Damon was reportedly in bed with one of Brenda's friends the night Danielle was abducted), have no real relevance to Danielle's kidnapping and murder -- but they certainly interest the media, and there's speculation that Westerfield did not request a change of venue (and favored a speedy trial) in the hope that the local population's feelings the van Dams could work in his favor.
- Some details about the van Dams' lifestyle will be admitted as evidence
- Opening arguments will begin June 4. Westerfield could face the death penalty if convicted.
Update: June 6Brenda van Dam, Danielle's mother, testified about her encounters with David Westerfield, including walking away from him once at a local bar. The county medical examiner testified that Danielle had been dead for at least 10 days and -- as this article states -- "potentially up to six weeks" (an odd comment for anybody to make, since Danielle had been missing for 3 1/2 weeks before her body was found). He also conceded that, although evidence clearly indicated a homicide, there was no way to positively determine the manner of death or whether Danielle had been sexually assaulted.Update: June 5
Damon van Dam, Danielle's father, testified that he barely knew David Westerfield, and they'd never been in one anther's houses (for what it's worth, there are reports that Brenda van Dam, Danielle's mother, was dancing with Westerfield the night Danielle was abducted)
More: Damon admitted he'd withheld information about that night from the police: specifically, that he'd been smoking marijuana at home and had been "snuggling in bed" with one of his wife's friends (apparently they weren't actually having sexual relations that night, though they had in the past)
Opening Arguments: June 4
The prosecution discussed the physical evidence (Danielle's hair found in Westerfield's sink, fiber similarities that were not fully explained in the opening statement), while the defense stressed the van Dams' lifestyle and pointed out that all manner of people were in and out of their home on a regular basis.
The prosecution then called a neighbor who described the search for Danielle, and two volunteers who found her body.
Update: June 3
The prosecutor revealed why hair found in Westerfield's sink is significant: DNA analysis showed that it belonged to either Brenda van Dam or one of her three children, but Brenda dyed her hair and her sons' hair was too short. Westerfield suggested that Danielle could have wandered into his home at any time, which could explain why her hair and drops of blood were found there -- but Danielle had gotten a haircut just days before her disappearance, and the hair found was consistent with the length of her hair after it was cut, severely narrowing the period of time the "wandering" could have occurred.