(07-11-2002) - During a drive in the desert to show detectives where he camped the weekend a neighbor girl disappeared, David Westerfield commented the area would be a "great place to dump a body," according to an affidavit released Thursday.
Later that day, when a detective said it would be nice to know where 7- year-old Danielle van Dam's body was located, Westerfield told him to just be patient and police "will get the information they need," the affidavit states.
When asked when that would be, Westerfield said it would be sooner than they think, according to the affidavit.
A total of five affidavits used to support search warrants during the investigation of Westerfield were released Thursday at the San Diego County Courthouse.
The release came at the beginning of an 11-day break in Westerfield's trial on charges of murdering and kidnapping Danielle, who disappeared from her Sabre Spring home the first weekend of February. She was found dead Feb. 22 east of El Cajon.
The warrants allowed for searches of Westerfield's computer equipment, other possessions within his house on Mountain Pass Road and cellular telephone records.
The judge in the Danielle van Dam murder case ruled today that her father will be allowed back into the courtroom where her alleged killer is on trial, providing that he refrain from staring at the defendant.
Superior Court Judge William Mudd said he would give Damon van Dam another chance because he was satisfied that "he's had enough time to think about this."
"You should know, Mr. van Dam, if I get one report of one incident, I will bar you from the courthouse," Mudd said.
Mudd was ruling on a motion by Van Dam asking to be reinstated as an observer in the trial.
"They want to be in court to provide emotional support for each other," said attorney Spencer Busby, representing Van Dam.
Saying he had "reached the limit," the judge barred Damon van Dam from the courtroom and third floor of the San Diego County Courthouse on June 25 on grounds that he was stalking and trying to stare down accused murderer David Westerfield.
"Mr. Westerfield's position is, he has no problem with their presence, but we do have safety concerns," said defense attorney Steven Feldman.
On Wednesday, the defense called its star witness, an insect expert, whose testimony was expected to create a time-line as to when Danielle van Dam's body was left in Dehesa.
The defense was hoping to show that the body was dumped during a time when Westerfield was under surveillance.
The expert, David Faulkner, says insects infested Danielle's body about 10 to 12 days before it was discovered. But the prosecution pointed out problems with the timeline, saying it's possible Danielle's body was covered.
"If the victim was dead longer and something was used to exclude entry by insects, it could have been there longer. I can't rule that out," said Faulkner.
Westerfield's ex-girlfriend also took the stand.
She says it wasn't unusual for him to sweat. And it was normal for him to shut his house up before leaving for a trip.
The trial is now in recess until July 22, while Mudd vacations with his wife.