VAN DAM MURDER VERDICT [VERDICT IN: GUILTY!]

ABC radio

[wallcrawlr]

I just heard this at noon.

[twigs]

No, I don't believe any evidence was planted. But I do believe that Danielle could have been in the MH earlier and left DNA evidence. The fact that there was not MORE DNA/blood suggests to me that Danielle was not murdered there. That spot on DW's jacket has not been proven to be blood; it could have been drool. I really think it probably means to he did pick up Danielle and carry her. I tend to think that DW was involved, maybe killed her. I just think that there are too many other potential explanations and the prosecution did not prove its case. (Obviously I'm wrong.) I'm troubled by a lot of the evidence of this case.

[bvw]

Come and move me, slacker. Your words are petty.

[marajade]

How am I ignorant? Because I believe the jury came to same conclusion that I did in that the evidence presented was enough to bring him to conviction?

[HAL9000]

Software engineer David Westerfield - Another Gateway customer. Why are these perverts always Windows users? I'm going to compile some statistics to determine if there is a pattern among child molesting killers that correlates to their product choices.

[Freedom2specul8]

"thought I heard that he had signed it over to his son just after he got arrested? "

It really has been signed over to feldman..after he was charged.

[connectthedots]

Yes, there was some DNA evidence. The question that was never answered is, when was it deposited? Absent any evidence that DW was ever in the VD home and the assumption that whoever murdered Danielle took her from the home, one cannot reasonably conclude that the evidence was deposited at any specific time.

The evidence simply does not support the verdict. What the prosecution needed to do was identify the other DNA evidence in the VD home to check for other suspects.

[ItsOurTimeNow]

LOL...he wants to be a spelunker.

[Spunky]

The appeal can only question whether the evidence was legally obtained and the trial properly conducted.

There can be other reasons for an appeal.

I know a person who on the first trial it was a hung jury. The second trial the jury found that person guilty. The defense lawyer filed an appeal based on the fact that he (the lawyer)failed to put a witness on his witness list for the second trial that was on the witness list for the first trial. This witness was important for the defense. The Superior Court did not overturn the guilty verdict based on this reason. They said there was no evidence that was the reason the jury came with a guilty verdict the second time, because in the second trial the lawyer also never put the accused on to testify which he did in the first trial.

[marajade]

They why didn't Westerfield get on the stand and provide testimony to that effect? If that's all it would take to convince you he was innocent why didn't he do it for this jury?

[Steve0113]

If the prosecution can't win with evidence like that, they shouldn't be presenting cases to juries on behalf of the state.

Unless, of course, there is powerful evidence contradicting it, which there was.

Take the bug evidence. Four -- count 'em -- FOUR experts testified that her body wasn't where it was found until two weeks after Westerfield was under constant surveillance. That's not "reasonable doubt"?

[Slip18]

Hi, neighbor!

I haven't been following this case that closely. The only thing I can't figure out is how this case got to trial so quickly.

[FreeTheHostages]

Yeah, got your point about us paying for the appeal, but personally, in this case, if they vote death penalty, it'll be worth every penny.

Re your other post, I think in California he can switch lawyers on appeal if he wishes. I doubt he will. His lawyers haven't done bad with a bad set of facts.

FYI, the prosecutor's ears in me twitch when I hear that there was more evidence kept out at trial because it was unfairly prejudicial. I suspect in the penalty phase there's going to be at least more about child porn.

God Bless this jury and God protect the soul of Danielle. Luke: "Such as these are for the kingdom of Heaven."

[marajade]

"The question that was never answered is, when was it deposited?"

Apparently, the jury felt it was answered.

[arm958]

That writing that Danielle wrote is very telling...

It sure is, but it has nothing to do with the fact that Westerfield is guilty. You too flunk Logic 101.

[Hemingway's Ghost]

Doesn't make him innocent. It creates reasonable doubt, however, IMO.

I disagree, unless you assume that everyone who swings or smokes grass is naturally predisposed to kidnapping and murder.

[Freedom2specul8]

I do know there was someone on the dw is innocent side who claims they took heat for wanted to send elian back to his dad..

[marajade]

The jury discounted the "bug" evidence. That's what juries do... Juries discount evidence that doesn't fit with the conclusions they come up to... Have you ever served on a jury?

[agarrett]

What police misconduct? What phone call? Was there misconduct involved in the collection of the hair, blood, or fingerprint evidence?

  Police misconduct - Warrants for search of Westerfield's homes contained quotes that were never given, and misstated evidence in order to provide more probable cause than they actually had. Evidence: The people quoted deny giving those quotes, evidence shown on the actual police reports differs from that quoted on the warrants. Consequence: None, Judge Mudd did not allow any of this information in the trial.

  Phone call - The day before the VanDams began urging search parties to look around the Dehesa Road area, they received a phone call (verified by the police phone tap in place at the time.) Feldman tried to ask about this at the preliminary hearing, but Dusek objected and Mudd sustained before Feldman could even finish the question. The call was, supposedly, a tip on where to search, but the defense was not allowed to ask any questions about it. Evidence: Police phone tap, VanDams quotes, preliminary hearing transcripts. Consequence: None, Judge Mudd did not allow it into evidence. (Note: The exculpatory value of some one else knowing the location of Danielle's body should be obvious.)

  Hair, Blood, and Fingerprints - Since you mention it, there was some misconduct in the blood evidence. For reasons unclear to everyone, the police decided to violate their own procedures and photograph the blood stains on the jacket with a polaroid camera, instead of a 35mm. Their tests then destroyed the fabric and stain, and polaroid pictures cannot be blown up to examine the spotting. The police claimed (in an interview, not in court) that they were ordered to use a polaroid in this case, but would not state from whom the orders came. In case you haven't leapt to the obvious conclusion, Judge Mudd did not allow any questioning about this lapse.

Drew Garrett

[small voice in the wilderness]

"What, Lassie?? What are you trying to say girl??? Just slow down and speak slowly. You say Timmy's fallen in the abandoned well?? What, girl, WHAT?!??!"

[marajade]

I thought the defense filed a motion to the state to bring to trial quickly, just like OJ?