POSTED: 12:15 p.m. PDT July 3, 2002
UPDATED: 2:55 p.m. PDT July 3, 2002
Exactly, the defense needs a Not Guilty verdict, all 12 jurors. The prosecution only needs one, and they'll get a second shot at proving their case.
Feldy's chance of a successful defense will not improve with time. Prosecution's ability to improve and sharpen it's case by developing more/better evidence with time is obvious.
Still, it would have been better if Pfingst had held off on charging DW until the evidence was better developed/investigated in the first place.
Just for you, Kim. (smiley face, LOL and group huggzzzz)
By Michael Stetz and Kristen GreenUNION-TRIBUNE STAFF WRITERSFebruary 23, 2002
He's bright, inventive and gentle, friends say.
But David Westerfield, a man described by longtime acquaintances as a "puppy dog," is in jail, arrested yesterday on suspicion of kidnapping Danielle van Dam, the 7-year-old girl who has been missing for three weeks.
The self-employed design engineer, whose name is on three U.S. patents, had been the focus of the police investigation nearly from the start. Danielle was last seen Feb. 1, when her father put her to bed in their Sabre Springs home.
Westerfield, the father of two adult children and twice divorced, will turn 50 Monday.
He lives two doors away from the van Dam family. In earlier interviews, the missing girl's parents, Brenda and Damon van Dam, said Westerfield would wave and say "hi" when they waved or greeted him.
He bought Girl Scout cookies from Danielle the week before she disappeared. And that was about the extent of their contact with him, the van Dams said.
Westerfield is the oldest of three children, all born in San Diego County. His mother lives in Clairemont, as does a sister. His father and younger brother are deceased.
Neither of his ex-wives nor his family would talk about him.
Longtime friends say they are certain of his innocence.
Two of Westerfield's friends described him as a "puppy dog." Carmen Genovese, a local engineer who's known Westerfield for two decades, and Wes Hill, a Utah resident who visited Westerfield recently, used that term to describe the man now under arrest in a case that's received national attention.
Police yesterday said they found Danielle's blood in Westerfield's motor home and on a piece of his clothing.
Genovese was angered by the arrest. He thinks investigators are "playing games" and questions the validity of any evidence against Westerfield.
When visiting Westerfield's home this month, Hill told reporters that people who know Westerfield are "100 percent behind him." He said he has known Westerfield for more than 30 years, and records show he was a witness for Westerfield's second marriage.
Genovese, in an earlier interview, said he had exchanged e-mail with Westerfield this month and noted that Westerfield expressed grave concern about how this was affecting his children.
"He seemed very stressed," he said.
Genovese said his opinion is that the media and the police have already convicted Westerfield, even though the judicial process has just begun.
He has received many e-mail messages from Westerfield's other friends and former co-workers who are confused and upset about the developments. They don't buy it.
"This guy is a lovable guy," he said.
Westerfield's life is destroyed, regardless if he is acquitted, Genovese said. "The media is killing him."
Decades in San Diego
It's unclear where Westerfield grew up. Records show he was born in National City and that his Social Security card was issued in Maine. It appears he has spent much of his adult life in the San Diego area.
He married in 1973 at age 21, lived in Del Mar and worked as a draftsman. That marriage ended six years later. His former wife lives in Rancho Peñasquitos.
About two months after the divorce was final in 1979, Westerfield married again. Records show he listed himself as a designer of testing equipment and said he had completed three years of education after high school.
He and his second wife, the mother of their two children, lived for several years on Treeridge Terrace in Poway.
After they divorced in 1996, Westerfield's second former wife moved to a nearby Poway neighborhood. The couple had joint custody of the children, who were teens at the time.
On March 2, 1996, Westerfield was arrested for driving under the influence, according to court records. He pleaded guilty, was placed on probation for five years and fined $1,325. He also completed a Mothers Against Drunk Driving course.
Westerfield moved into his residence in Sabre Springs in 1997, documents show. The house has four bedrooms, 2-1/2 baths and a two-car garage.
Some neighbors said they didn't really know Westerfield. A few noticed he would often spend part of the weekend washing his motor home or repairing cars in the driveway, something unusual for the neighborhood.
"He seemed a fish out of water to me," Patricia Erikson said.
Medical inventions
Of the three patents that carry his name, one is for a pulley he created for an Oceanside company, PrePak Products, which makes devices to help those undergoing rehabilitation for shoulder, back, neck and knee problems.
The second patent, which includes the name of another inventor, is for a surgically implanted prosthesis that replaces a bone joint, particularly the knuckle, records show.
The third patent is for a medical device that aids in joint rehabilitation. The patent lists several names as inventors, including Genovese's.
"He seems like a really nice man," said PrePak Products owner Judy Ray, who had contact with Westerfield for more than a year as he worked on the project. "He was very professional."
Westerfield's business is called Spectrum Design.
A published report said that Westerfield is a member of Mensa, an organization of people who score high on intelligence tests. Both the national office and the San Diego chapter said they did not have Westerfield listed as a member.
Westerfield's rather anonymous, suburban life exploded into chaos when he was tagged by police as the focus of the investigation days after Danielle's disappearance.
Police began looking at him because Westerfield left his home about the time Danielle disappeared. He returned the following Monday.
The stakeout
Westerfield initially talked to the media, saying he was cooperating fully with police.
He also told The San Diego Union-Tribune that he had run into Danielle's mother, Brenda van Dam, and two of her friends while at a popular Poway bar and restaurant the night Danielle was last seen. Westerfield told reporters he danced with Brenda van Dam and had a few drinks before leaving.
Brenda van Dam said she saw Westerfield that night, but that the two did not dance. He simply asked her to introduce him to a friend, she said.
As Westerfield came under increasing scrutiny, he became a near-prisoner in his home and stopped talking to the media. The media and police watched his house 24 hours a day, seven days a week. On Feb. 7, he retained Steven Feldman, one of San Diego's top criminal defense lawyers.
That morning, a trip to Feldman's Golden Hill office turned into a circus, as police and the media followed Westerfield as he drove off in his black Toyota 4Runner.
He left that meeting with Feldman without saying a word, without making eye contact with reporters, without showing any noticeable emotion.
Yesterday, he was arrested as he left the very same office, again showing little emotion as officers handcuffed him and put him in a police vehicle. He put up no resistance.
"WOuld like to see people discuss DW's lifestyle once in a while."And here's another one, just for you. (Huggzzzz, smileywhatevers, and LOLs!)
| Carmen Genovese |
02/26/02 |
15:43 |
| Carmen has known David Westerfield, the accused kidnapper and killer of Danielle van Dam, for over 20 years. He claims that rather than being a brutal psychopathic murderous pedophile, David?s actually a sweet puppy dog (ACCUSED of being a brutal psychopathic murderous pedophile). |
(Transcript)
J & K: Ah, we have Carmen Ginovese on because he is one of the few people in David Westerfield?s life who has come out to say anything about him. Ah, and uh, that?s why he?s here.
J&K: Carmen, welcome to the John and Ken show.
CG: Hi, how are you?
J&K: Fine, uh, how long have you known David?
CG: I?ve known David for about 20 years.
J&K: Thru work?
CG: Yes, he worked for me, in about four different companies starting about 20 years ago.
J&K: And you?ve stayed in touch with him all these 20 years?
CG: Oh yea, we?ve remained friends.
J&K: So you must be Stunned by these charges?
CG: I think its incredible, absolutely incredible. Ah, it?s a real shocker and a surprise, especially knowing him as much as I know him. That uh, um, I can?t believe it, I really believe its all a big mistake.
J&K: What kind of a relationship did you have with him, just as work buddies or did ya hang out with him on the weekend? Have a beer with him after work? How deep did the friendship go?
CG: Ah, we?ve done a little bit of everything, we?ve hung out after work, got some beers, done some happy hours, we?ve also done some socializing. Uh, the weekends he?s been to my home for a number of parties, he?s been to my place in Mexico a couple of times. I?ve met and seen his kids, they?ve been to my house, they?ve played at my house, uh, I know him. I know him (inaudible) well.
J&K: Before the girls disappearance when was the last time you?d seen or spoken to him?
CG: Its been about a year.
J&K: It had been a year?
CG: Yea
J&K: I was going to ask if you saw any change in him if it had been more recently
CG: No, not at all, cause we?ve kept in touch , uh, ya know, even though we haven?t spoken, we kept in touch, cause we are also business associates, so we do exchange emails, and we keep in touch if not directly, indirectly thru some of our other contacts.
J&K: Ah, these charges are the worst sort of charges, and the evidence is ugly. You know they found her blood on a piece of his clothing, her blood in his RV, apparently his DNA in her room. Uh, when you say ?I don?t believe it? are you saying I don?t believe it I am in shock, or are you saying I really don?t believe it I think they?re making it up, and they uh framed the guy, they got the wrong guy, something is wrong here.
CG: Well, I do think they have the wrong guy, although I?m not sure how this is going to shake out. I think uh, with the number of individuals going in and out of his home, of his RV and at the Van Dams home, ah quite frankly just about anything could happen.
J&K: What do you mean by the number of individuals?
CG: Well number of investigators going back and forth, you know going from one house to the other, I can just visualize the possibility of some big mistake.
J&K: Like cross contamination kind of thing?
CG: Cross contamination, uh who knows. I mean, you know David actually, uh he uh, as far as I know, uh he danced with Brenda van Dam uh, you know, at that club, and uh, I?m sure some of him must of rubbed off on her and vice a versa. And I don?t know whether DNA transfers from parent to child or there?s some, uh,(inaudible) I just can?t believe its him.
J&K: So there?s not a side of you, that?s thought long and hard about this and says that there?s a side of David Westerfield that I just never knew?
CG: I can?t imagine, there?s just no way I can believe that side.
J&K: Have you talked to him since this has happened?
CG: Yes I have, I saw him the day before he was arrested. We had lunch together, and he was in a cheerful mood, he was in a great mood, he was very confident , in fact he was obviously hurt by the fact that he had so much negative attention. But we were all, uh there were three of us, we were all talking about how we hoped that this was all gonna blow over shortly.
J&K: So where?d you have lunch with him?
CG: At his home.
J&K: At his home?
CG: Yes.
J&K: And you said the three of you?
CG: Yea, another friend of mine.
J&K: So you went to his home with all this media barrage?
CG: Absolutely
J&K: So, uh, what do you say to a friend who?s uh, the world thinks is a murderer? How do you bring that up at lunch?
CG: You know, we try not to talk about that, we try to be a friend, and being a friend means standing behind him, and uh, and believing in him, especially since I?ve known him for so long, its just so incredible.
J&K: So you didn?t grill him?
CG: no
J&K: you didn?t say ?hey whats with the RV stuck in the sand on Saturday??
CG: So what is with the RV stuck in the sand, whats the big deal about that?
J&K: No, no, I?m asking you if you brought that up at the kitchen table?
CG: Yea we did, actually we did talk about that, he said ?yea that was stupid, I can?t believe I got stuck? and I said the same thing to him that I couldn?t believe I got stuck 2 months ago up in ? beach in the sand.
J&K: What about the excessive cleaning of the motor home after he got back?
CG: That is not excessive for Dave Westerfield, that is Dave Westerfield, he?s an incredibly clean person, everything he has, everything he owns looks like brand new, even if its 20 years old.
J&K: Let me ask about your thoughts about cross contamination, investigators going back and forth between the van Dam home and Westerfield?s home and the motor home, if its Danielle?s blood how could they ?
How could they get her blood if she?s if her body?s missing?
CG: I have no idea, I have no idea, I don?t even know, you know I think that remains to be seen, I?m not sure that this is all that perfect, you know all this testing and all this evidence, I just know Dave Westerfield and I just know there?s no way he can be involved.
J&K: In order to solve this case you think they would just want to set him up?
CG: I can?t comment on that, I?m sure that that?s happened at some point in time, in some cases, I don?t know if this has happened in this case, I just know Dave and there?s just no way he can be involved in this.
J&K: If you are just tuning in we?re talking to Carmen Ginovese, who is a long time friend of David Westerfield, who did plead not guilty today to murder and kidnapping charges involving Danielle van Dam. And Carmen there?s a third charge that you are probably aware of, the child pornography situation.
CG: I thought that that was retracted, I thought that they found that that wasn?t child pornography at all, that he did have, that I?m sure he did have some x-rated stuff, just like you and I probably do have at home as well.
J&K: Well he was arraigned on that today
CG: Well that?s what I heard, that?s quite surprising , cause I don?t really believe that.
J&K: You don?t believe that either?
CG: No not at all.
J&K: Well where would that come from?
CG: I have no clue, I can imagine though, I think I heard that it was in his computer. And I can imagine I?m sure, that if you have email, and I have email, we have a barrage of emails coming in our direction, you know from all these X sites, you know just doing spamming, just sending emails to everybody they can get their hands on, and I get tons of them, and I can?t delete them fast enough.
J&K: Right but you have to open them up and down load them, down load the attachment for the porn to end up in your computer.
CG: Uh, not necessarily you could still have mail there, there not all like that.
J&K: Well I understand what you are saying, that somebody could send you child porn, but it doesn?t stand up permanently (?) in your computer, unless you take the time to open the email and download the attachment.
J&K: So as far as you knew this was a man that just had normal adult heterosexual desires?
CG: As far as I know
J&K: Did you ever go on a double date with him? Or anything, did you know any of the ex wives?
CG: Yes, I do know the ex wives quite well, actually we?ve done a lot of things together . As I?ve said I?ve known him for 20 years.
J&K: How come they haven?t come forward to talk, including his children, about what a lovely great dad he is?
CG: I really don?t know, except when I talk with David he was insistent to both the kids and his ex wives to stay out of it and not to put them thru all this turmoil.
J&K: What makes you come forward then?
CG: Uh, I guess um, I just can?t stand the fact that he?s getting so much negative attention, cause he?s just such a great guy
J&K: What makes him such a great guy you?ve said that a lot
CG: He?s a very, very mild individual, very dedicated to, to being a great worker as a worker, also very dedicated to his kids, he?s got two kids, one 18 and one 20, and even thru this turmoil we exchanged emails and one of the things he said to me was, try and reach my latest ex wife and take care of her for me. And you know, he?s been divorced for a number of years and here?s the kind of guy who?s worried about other people instead of himself, how are my kids reacting to this, can you help out? What can you do?
J&K: Is it possible, he?s all the things you say, and then there?s a dark side that got the better of him, three and a half weeks ago, that maybe he was always harboring feelings for a young girl like Danielle and he just finally lost it? And maybe he is a caring husband and a caring friend and a caring father, but there?s something else that just got the better of him.
CG: I just can?t imagine that being the case. You know, I?m sure that there are situations where that may have happened, but I just can not imagine it with him.
J&K: Lets go back to that lunch you said you had with him, was it the day before he was arrested?
CG: That?s right
J&K: Did he talk about the van Dam?s at all?
CG: Um, no, no we tried, we tried very much not to talk about the case. I really wanted to talk about Dave see how he was doing, see how he was feeling, uh what we could do to help. I really tried to be a friend, and not try to drill him about the situation. He did tell me though, that that Saturday morning, that he left, to go to the dessert which he normally does, and he does go to the dessert a lot. He left about 9:45 in the morning.
J&K: Right after he got back from that bar/restaurant that Dad?s , is that what he told you, he just left for the dessert, is that what he told you? He left for the dessert?
CG: NO, he did not, he left at 9:45am on Saturday. That?s when he left for the dessert.
J&K: I see, so he came home from the bar that night at 10 or whatever
CG: Yea, he came home went to bed, he got up in the morning and he had his motor home outside, he was packing it, getting it ready,
J&K: You know he said something interesting in an interview on Channel 10 I don?t know if you saw it, which was taped just two days after the disappearance, he?s talking with the reporters, this is just off the cuff, raw tape, not a formal interview, and he said, he saw Brenda at the bar and he thought that the husband was on a business trip and maybe they had a baby-sitter. And I thought that was kind of odd because I thought that the van Dam?s and Westerfield barely knew each other outside of a girl scout cookie sale. That there was just almost no verbal physical contact between them. You have any insight how well he knew Brenda and Damon?
CG: No I really don?t know. I think I uh, I read or heard somewhere, I did not ask him directly, I read that he has danced with her at the club. I imagine if they did, he probably talked to her. Cause he is a friendly guy and he would talk with her. He probably assumed that her husband was out of town and probably assumed that they had a baby-sitter.
J&K: What do you make of, or what do you think of, I am sure you have heard about the swinger rumors surrounding the van Dam?s?
CG: I heard quite a bit about that, and I don?t know how much of that is true, in fact I even heard a rumor, that, and I even hate to even repeat it, because it?s just a rumor. That the neighborhood is called, you know, I better not say it, it?s a rumor and I don?t want to keep spreading rumors.
J&K: That the whole neighborhood is involved in swinging?
CG: Yea, I , you know forget that, I don?t want to spread rumors.
J&K: Well you are not accusing any one specifically here, there has to be an interest in swinging, if the van Dam?s were having these parties, there must have been other people in the neighborhood that stopped by.
CG: Uh, you would have to assume that, you would have to assume that there are other families involved, or other groups involved.
J&K: But why do you think that they just honed right in on David Westerfield from the beginning?
CG: Well, the only thing I can make out of it, that he told me that, the only thing that he thought where he was singled out was because he went to the dessert that morning.
J&K: And that alone made him look suspicious?
CG: That alone made him a suspect, made him the focus of the media, made him the focus of police for three weeks, and quite frankly I don?t really think they had any real evidence, and I KNOW they don?t have any real evidence because there is nothing there.
J&K: Wait, wait, they do say they have the blood evidence, they claim it?s very strong.
CG: yea, I?m sure, I?m sure
J&K: Why? Do you think maybe your just a loyal friend who can?t see the truth here?
CG: ah, Maybe it is, but I just don?t believe it, I just wait and see what the trail brings.
J&K: Well if they bring out the blood, that matches Danielle?s DNA, if they bring out David?s DNA that they found in Danielle?s room, and the scientist come and say this is this, and that is that, and this is the DNA, what are you going to say?
CG: I just can?t believe it, I?m sorry I just can?t believe it, I?ll just have to wait and see what the trail brings.
J&K: So he never, ever uttered anything strange about his sexual interests? In the course of 20 yrs?
CG: No, no only that he likes women just like I do.
J&K: Right, you ever go out with him on dates?
CG: With his wife, yea
J&K: With his wife?
CG: When he was married
J&K: Apparently he?s been divorced since ?96 but you didn?t spend anytime with him much after that in terms of dates.
CG: No not with dates, we did spend quite a bit of time, he has been to my home at parties since then.
J&K: Anything unusual about the divorce or was it uh, normal?
CG: It was normal, just like everybody?s divorce, you know you?re hurt when you get divorced.
J&K: So you think he?s got nothing to tell us about where this child is?
CG: (garbled) No
J&K: Why hire a defense attorney so early way before you?re arrested?
CG: I believe that the police had advised him to do that
J&K: The police advised him to hire a defense attorney?
CG: In fact I believe they?re the ones that gave him the attorneys name and phone number.
J&K: Usually the police don?t want to see a defense attorney show up at a case, cause that complicates things.
CG: Well I believe that?s not what happened this time.
J&K: So he didn?t know, you don?t know how he came about Steven Fledman, you think the police gave him Steven Feldman?s name, that the police would recommend the foremost criminal defense attorney in San Diego.
CG: I believe, I think that?s what he said, that the police had given him this attorneys name and phone number.
J&K: You know, the average person says, look if he?s innocent why doesn?t he step forward into the microphones, tell the story, explain everything, to everybody in site, instead of hiding in his house for a couple of weeks, claming up, hiring a defense attorney, its all the behavior of someone who looks like he?s hiding something awful.
CG: Absolutely not, in fact I think you are totally incorrect on that, because if you remember the first couple of days of this event he was completely open, he allowed the police to come into his house freely, in fact he was helping them with everything, says, go, go , do whatever you want.
J&K: Yes, he did that channel 10 interview we mentioned.
J&K: But then he shuts down.
CG: Of course he shuts down, cause he sees he?s being persecuted, I would do the same thing, and you would to.
J&K: Did you know he was supposedly in that group MENSA?
CG: He was in where?
J&K: MENSA, that group for highly intelligent people with high IQ?s
CG: I wasn?t aware that he was
J&K: Because we?re thinking maybe he thinks maybe he can beat the police, he?s opening his home because he doesn?t want to act suspicious and he thinks he?s covered up the crime.
CG: I don?t believe that?s Dave Westerfield
J&K: All right Carmen well thank you very much for coming on with us, maybe we?ll talk with you again sometime.
I have no clue.. I heard it on CTV ...
Good catch Miz....so...like you ask...what was everyone so SOMBER about...was there a PERFORMANCE problem at the SWING SET???? Not enough Viagra to go around maybe? HHMMM.....
I had some fun gassing Cherokee yesterday..but seriously, I found her a strange witness. She struck me as a hard-core party chick...husky voice, looks better as the evening wears on...probably gets a lot of drinks bought for her, by fliting and innuendo...
Good example, she grabs some guy at Dad's, and says, "You will be my boyfriend for the evening, got it?" She did this to keep the SLUTJACKALS at arms distance.
But..bottom line, I believe she saw and reported facts...
FACT #1...The SLUTJACKALS were more aggressive than any of us ever fathomed.
FACT #2...DW interacted with the SLUTJACKALS a lot more than Denise and Brenda inferred...I am sure Feldman will ask for more clarification next week...LOL
FACT #3...The LAST person to see Danielle alive......
PETER DAMON VAN DAM......
Those are all facts.....
Marcus Lawson (pictured, right), president of Global CompuSearch of Spokane, Wash., testified Wednesday that he found two photographs of naked women and Japanese "anime" computer animations on the hard drive of a Gateway computer in an upstairs bedroom used by Westerfield's 18-year-old son, David Neal Westerfield. The former Customs Service agent said that a detailed analysis of the files showed the pornography was downloaded at about the same time someone was accessing an email account belonging to the younger Westerfield. 
Defense attorneys are trying to show that the defendant is not responsible for the pornographic images -- including those of young children -- found on his computer equipment. 
