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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.

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.

For what it's worth I'd like to express my extreme disappointment with the prosecutor's case-in-chief.

If I were charged with determining whether or not a person is GUILTY BEYOND A REASONABLE DOUBT of kidnapping and murder, by this point in the case I would expect to know:

(1) When and how that person kidnapped the victim.
(2) When and how that person murdered the victim.
(3) When and how that person disposed of the body.

The prosecution has rested and I still don't know the answers to any of the above. In fact, except for the idea that Danielle MAY have been suffocated, I don't even know what the prosecution thinks are the answers to the above.

I do not know if DAW is innocent or not, but I certainly would have a tough time finding him guilty beyond a reasonable doubt.