New evidence implicates Westerfield: (Dusek Fires Final Shot?) Trial Thread, July 10, 2002

That he drinks or that he gets upset every time he drinks?

Did he perform "lap-dances" with strangers ? That would really bother me.

a bit of updating...

John Jamieson and Valpal1's comments

Combining your excellent posts...along w/some extra comments

Here's what I think the prosecution has proven "beyond a reasonable doubt":

1. What.. Homicide and kidnapping

2. Who - deceased victim Danielle Van Dam

3. When - Sometime between 2/1 and 2/17 (Exact date and time of death and date and time of dumping both unknown)

4. Where removed from her home-, and killed somewhere within the area between her home and body location on Dahesa Rd.

5. How - Exact cause of death unknown. More than likely suffocation, determined by elimination method Danielle van Dam is dead, her pajamas were removed and her nude body was illegally dumped off of Dehesa Road Person(s) who dumped her is also unknown, But a suspect was arrested and charged. Manner of death is also unknown, posion, drugs, stabbing, strangulation and bullet have been elminated. ME could not elimate suffocation.

Young girls don't just die, she's seven, not seventy-seven. Accidental suffocation of seven year olds generally involve appliances like refridgerators or accidental asphyxation by caught clothing. Course, it's highly unusual for children to disrobe for hide-n-seek or for corpses to shed clothing that strangled them, so nudity in an accidental suffocation is a red flag to investigators and most manuals will tell you in such cases to look for pornoghaphy and autoerotic paraphanalia. Although that would also be highly unusual behavior in a seven year old as well.

There is ample proof that she had no organic desease or defect (natural causes). Claims that she could have died by her own acts of misadventure do not explain the location of the body. Claims that her nude body was placed there to cover up an accidental death that no one caused lack basic logic.

Either the minimal forensic evidence in DW's home and RV was left there through prior casual contact (cookie sale) and transference or it didn't. But it most certainly did not get there by Danielle wandering over and accidently suffocating in the nude while no one was around

6. Why - Criminal intent or to prevent discovery of other crime (felony murder).

Motive --Possible sexual assault

7. Defendant --David Westerfield, neighbor of Danielle.

8. Known previous contact--Danielle van Dam was once in David Westerfield's home to sell him girl scout cookies. Brenda and DW had spoken in a bar and grill called "Dads" on 2 separate occasions.. Stipulated by both sides.

9.Known evidence --Danielle's dog hair, her hair and blood found in motorhome. Blood from both Danielle and David Westerfield on DW's jacket. DW had scratches on his arm and possibly legs. Fibers with common source.. found on or near Danielle's body and David Westerfields home. Child pornography, both legal and illegal found in DW's home office. Danielle was found nude, with her necklace on. Various fibers, hairs vegetative growth located on and around her body.

Special Notes

Danielle van Dam may have been in David Westerfield's motorhome.
Layla the dog may have been in David Westerfield's motorhome.
Danielle may have bled slightly in that motor home and on DW's jacket while possibly sneaking in there with or without the knowledge of her parents or david westerfield. (Date and time undetermined. Location of jacket also unknown.)
David Westerfield and/or his son Neal has an interest in computer pornography that might have included child pornography that was illegal at the time. Something was viewed on DW's computer while DW was being voluntarily interviewed by investigators. (Child pornography laws were effectively gutted by a SCOTUS ruling after DW was charged. No books, video tapes, films, magazines, etc were found to strengthen this assumed perversion arguement.)
David Westerfield took a strange weekend motorhome trip, the details of which are verifiable with credit card reciepts, cell phone records and eye witnesses. (no proof was offered that DW even passed by Dehesa Road)
David Westerfield, single and twice divorced, has alcohol related problems, along with his mother. His mother and sister called him and his dad horndogs...they were unable to control certain inpulses, whether it related to alcohol or women..Possibly sexual urges uncontrollable.
The vanDam parents and a few of their friends lived perverse life style prior to the event..that included wife-swapping, lesbianism, bi-sexuality, drinking alcohol and smoking joints.
Brenda vanDam feared that Barbara Easton would somehow (undefined, could be emotionally or physically) hurt Danielle vanDam. Some would say that for whatever reason, Brenda did not want drunken barbara around Danielle that particular day.

(The whole thing makes you wonder: If Dave Westerfield's little 7 year old daugther went missing on 2/1 would the vanDams be on trial now?)

With respect, the prosecution has also introduced at least the following evidence: 1. Search dogs alerted at the defendant's home but not at other neighborhood homes.

2. When the defendant arrived at the Strand, he remained in the motorhome for several hours with all the curtains drawn.

3. The defendant lied about his reasons for leaving the Strand.

4. The defendant lied about his reason for returning to Poway after leaving the Strand.

5. The defendant twice used the pronoun "we" when describing his travels on the weekend Danielle disappeared.

6. The person who helped dig out the motorhome in Glamis thought he heard another person in the motorhome.

7. Trace evidence of Danielle was found in the defendant's bed, not just in his motorhome.

8. The motorhome was usually parked offsite, except when it was being loaded or unloaded.

9. Danielle, as a rule, did not play outside of her back yard without adult supervision.

10. Danielle's blood was found on the defendant's jacket and on the carpet of his motorhome, and the defendant sought to have the jacket cleaned at the earliest possible moment following his return from the desert.

11. The defendant, who was usually friendly, if not jovial, with the employees of the dry cleaner, was withdrawn and unable or unwilling to meet their gaze as he turned in the jacket which had Danielle's blood on it.

12. Injuries to Danielle's mouth were consistent with death by suffocation.

13. Danielle's fingerprints were found in the motorhome, most unfortunately in a position where she would have left them if she had been placed on the motorhome bed on her back.

14. The motorhome door is not easily operated by a person as small as Danielle was.

15. A cadaver dog alerted at a storage compartment on the motorhome (although I will grant you that the primary witness offering this testimony was exceedingly weak).

46 posted on 7/8/02 6:45 PM Central by p. henry

http://www.freerepublic.com/focus/news/712729/posts?page=46#46

Various theories by various freepers compiled and memorized over time.

He was drunk and blacked out when he did it.

He planned for days or weeks in advance, even buying a plastic sheet.

Barbara the lesbo tried to rape danielle, mistaking her from damon or something, suffocated her and the parents helped cover it up

Incest by dad and mom didn't know it

Danielle was shared with swinger friends

danielle was molested ...and clearly had budding breasts which could be an indicator of molestation. Danielle had vaginal discharge. Sometimes an indication of molestation for a girl her age. See for example: http://www.utoronto.ca/kids/vulvag.htm

The date fell on an occult date--maybe she was sacrificed

Danielle's necklace is like a bondage necklace..these parents are sick.

Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way. She was caught by the mom who was so angry.. they had their way..killed and dumped danielle and now mom and dad are basking in the limelight.

Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way..dw saw her on the street, snatched her and had his way with her

The son did it and the dad is covering up

All of the major players are involved in swinging and know each other very very well. When things got too out of hand, danielle died.so they set up a neighbor and planted child porn in his office.

Speculation based on when DW said his garage door was not locked when he came back to the house Sat. afternoon. It was usual for it to be locked. At first I thought speculation like this was really far out - now I'm not so sure. Say DW had some similar blue towels that he used for various stuff like out at the pool, camping, drying his car, whatever. Maybe he leaves some of these in the laundry room adjacent to the garage for easy access - or maybe they were still in the dryer or something - anyway - somebody could have gotten in there and took one. Far fetched maybe - but I also can't help thinking of Damon's little newsgroup post regarding how to "Get back" (or something to that effect) at a person who steals your bike is to put a business card or some such ID into the seat post tube thingy - and he wasn't too nice about his choice of words as I recall. Damon has a devious mind - I think - and I know truth is sometimes stranger than fiction. All I'm saying is that I don't discount this kind of speculation as much as I used to.

Testimony from DW's x-girlfriend on July 10th

http://www.freerepublic.com/focus/news/713548/posts?page=665

DW had brown boots and black dress shoes, not black boots

He was a suspect from 2/4...under surviellence since then, including a GPS on his SUV.

When he did laundry, he would dump the hamper over the bannister to the floor below by laundry room.

His x girlfriend Susan confirmed a lot of camping stuff that he had said.

An attorney wrote Feldman a letter and testified that the route DW said he took to Glamis is something he has done and for the same reasons.

Neil was in the house on 2/4 pm when DW returned from police station...cops were outside and did not alert Neil or try to make contact..DW was not allowed in the house during this time. (may need corrections here)

The VD's and pizza gang's cell phones were trapped.

Susan L, the x-girlfriend said that she didn't drink much, that dw drank too much, she left him cuz of his drinking problems and that when he did drink, his character/mood changed to being upset, sad/depressed, withdrawn and he becamse very quiet. Dusek also got her to admit that he becamse forceful while drunk once. Forceful was vague, wasn't defined..so the jury is left to speculate what the forceful was all about unless it's explained later.

she said the front blinds would be closed *if* it were cold outside. He told detectives it was cold that particular da. Other campers, during their testimony said it was not cold.

Kim,

If I remember correctly when I posted the info of the cell phone #, you were one of the first people to respond.

I did not acknowledge any posts to me at that time because I did not want to be seen as biased. I have tried to only post when I have seen the testimony someone is questioning and I could help. I cannot remember posting an opinionated idea, until today.

My posts speak for themselves and so do your's. I told you last night in response to your mail, I don't want to be involved. I will however, be involved when I see you point fingers and make insinuations that are not there.

I may not be a debater, but I am a fighter.

And the detective that interviewed Denise Kemal....stated that on 2/2 at 5pm she did not mention DW as being at the bar or that she had spoke with thim that morning.

He stated that Denise told him she did not recall DVD coming down at all that night after Dad's.

I have heard some compare Judge Mudd with Judge Roy Bean..and the winner is...

It's even worse when an innocent accused is stuck with a public defendaer who is more interested in getting along with the prosecutor than defending his client.

Paid defense attorneys are no better, unfortuneately. They have to worry about being "too agressive" in defending their clients, or the judge will just start screwing all of their clients, and their careers will be ruined.

Does the spirit of Justice lie in wait for house splurging Brenda?

California Real Estate, July 2002 = NASDAQ, January 2000.
It's going to come to a bad end - not a collapse, but a gradual grind down as qualified buyers begin to disappear and two income families try to handle those $5000/month mortgage payments on one income. Marin County has been just like Orange County, with a double digit rise in prices just this year, but just in the last month the starter home market here ($500-$700K...and I'm not kidding) has started to fray around the edges - more supply, less demand. As for the $1M and up homes, they have already come down 20% or more from their peak.
It won't be long now.

Source Freeper Mr.Jeeves commenting on FR thread "Gold gain points to market meltdown". reply 87

This is not only case the SD DA is prosecuting or the only case the SD PD is investigating. There ARE budgets these people have to work within. And there are other cases. Investigating to the level of detail some of us on these threads seem to expect, is just not practicable, in my opinion.

I agree with this part of your post.

Now that was a picture I could have lived without! LOL! Was Mz LE Page asked if DW dirty danced with bvd or did he just stand there and let her do it?

Hey Cherry good to see you!!!

No, this judge is always ruling against the defense way too much and ruling FOR the prosecution.

I do think Feldman has more GOOD ISSUES for a SUCESSFUL APPEAL, than Dusek has evidence against Westerfield.

I will however, be involved when I see you point fingers and make insinuations that are not there.

Ok you lost me... where did I point a finger? If youwere the original poster of the phone cell warrant, my apologies because I DID forget who it was.

LOL!! That's okay, I'm happy in my nice new home (not anywhere near $850,000.00) and my little VW Cabriolet and our truck and Buick (all older cars but nice) in the driveway.
I bet deep down Brenda is a miserable person,
If she's not, that's scary!

I still think there's a book deal advance (arranged by their
PR firm) that's paying for this $850k house.

Why did you post this? Most (if not all) of the evidence the prosecution has introduced per your post has turned out to be false or was rebutted by defense witnesses. I think that what you posted (I know it's just a compilation) confuses people because it's full of info that is old and out-of-date. I think you should update if you're going to post, that's all.

ps, the yawn statement was suppose to be a funny..not sarcasm. You know, complimenting freepers for beating the news to the cell phone connection to the 5203#. That was a COMPLIMENT.

Not sure about that Henrietta.. the various theories are of course speculations and need not be changed. The testimony by x-gal friend doesn't need to be changed..and the known facts don't need to be changed.. The post by P. Henry...probably needs to be balanced with a post by the 'defense' side...but the fibers and trace evidence really are there. How do we pick that post apart?

What do you think about the recent news that BRenda has just moved into a new $850,000 home ?

or that she had spoke with thim that morning.

I thought I heard the question about that morning, but it would have been that afternoon when he returned to the neighborhood, briefly. This is the testimony that she may have told them about the "neighbor at the corner" while not saying his name. The transcripts should clear it up.

If I remember correctly when I posted the info of the cell phone #, you were one of the first people to respond.

This got erased from my first reply or something... I also remember being the first one to say "GREAT FIND" or something like that. I hope we can work this out cuz I'm not sure what to make of it.