VAN DAM MURDER VERDICT [VERDICT IN: GUILTY!]

ABC radio

[Irene Adler]

"Sometimes, after reading how these death penalty appeals drag on for years, if not decades, I often think it might be better to give the guy life without parole and give the victim's family the millions that are being expended by the state in the appeal process, including the cost of the defense........but that's what the opponents of capital punishment want...."

I basically support the death penalty. However, I live in a "life-without-the-possibility-of-parole" state regarding first-degree murder. I have to say, it works quite well. I have lived here since 1974 and have watched a lot of murder cases. There is an easier time getting convictions on less than 100 percent perfect evidence (which never exists, anyway) when the death penalty is not an issue. And there is a whole lot less whining on the part of the press and the touchy-feely crowd when these murder cases come up because the death penalty is not even in play. All of the murderers convicted in the cases I have followed since 1974 in the state are, indeed, still in prison and should die there.

I have to confess, it's not a bad system. But you HAVE to have specific "life-without-the-possibility-of-parole" sentencing actually ON the BOOKS in your state or even the life-sentenced people tend to get parolled eventually (and of course "20-years-to-life" does NOT mean life, either).

[connectthedots]

It might be a stretch, but I was thinking admissability of evidence issues mostly related to exclusion of evidence the defense wanted in; the refusal of the defendant's request to examine the VD house; the total lack of evidence to support a kidnapping conviction; the judge's comment on the evidence during Feldman's closing argument; the prejudicial appeal to the emotions during Dusek's closing argument; the judge's decision to prevent the defense from arguing a third party; especially when there was no evidence DW was ever in the VD home; Mudd's limitation on the scope of cross examination by Feldman; the whole laundry receipt business and the fact that DW told the SDPD that he took stuff to the cleaners and even gave them a receipt with the address on it; the instructions to the jury that seemed to state (and I may be off on this) that if the jury found that DW murdered Danielle, they must also find that he kidnapped her and that if they found that he kidnapped her, they must also find that he murdered her.

I think his best chance is that the porn charges were prejudicial to the defense on the kidnapping and murder charges.

As disgusting as porn is, it is no more evidence that DW committed these crimes than the swinging lifestyle of the VD is proof that they or one of their 'friends' did it. If anything.

Although not likely, an appeals court could simply issue an opinion that states the evidence simply does not support the convictions. For those who have opined that in the real world things are not always without some contradictions, I would say, there is sometimes evidence (bugs, lack of DW DNA in VD home, failure of dogs to 'hit' on motor home) that simply cannot be reconciled with other evidence; so much so that reasonable doubt cannot be avoided. This type of evidence needs to be explained away and not just 'disregarded' as some think; apparently by even the jury in this case.

[nycgal]

I think that the real reason that the jury is not allowed to read the transcripts is that literacy is not a requirement to be on a jury.

LOL. I'm assuming that you meant your comment to be humorous. If not, it's a very sad thing. Weren't they supposed to be literate as voters had to be years ago?

[TomB]

If you want to see fanatics who are out of control, take a look at this thread.

They are completely out of control. Why that thread hasn't been deleted is beyond me.

[Eva]

I'm not being humerous. Haven't you ever been called for juty duty. There is no literacy test.

[Dave_in_Upland]

A guilty man walked free today....free to harm again, and society died another little death.

But the bloodlust of the crowd was temporarily sated for one more day....and they think justice was done.

But another little child will be killed, maybe by the killer that was set free, and what will YOU do when the crowd comes to YOUR door with their accusing stares?

[cynwoody]

One report I saw made it sound like he had tons of it stored on CDs with labels

My recollection is that it was shown he had a large — and organized — collection of porn (around 8000 images), but that only a few dozen of the images fell into the questionable category. The anime played for the jury would not qualify because cartoons can't be kiddie porn. The Supreme Court recently found that you have to have a real kid to make kiddie porn. Synthesized images don't count, even if they are vile and disgusting and appear to be of kids.

[bvw]

For those who make a refuge for truth that others might find relief. I posted this on another thread about the celebrators today.

Merely a outpost of truth we kept at some effort from those deluded by all the media spin. Something like FR used to be, before it was discovered by "Clinton WH basement" disruptors and many GOP party loyalists and modern day tories and monarchists (who beleive that a near executive monarchy still passes Constitutional muster).

We treasure the Jury system, and the concepts of not guilty until proven innocent beyond a reasonable doubt. We abhor human sacrifice to slack the jollies of the mob under the sway and thrall of whatever fad and charlatan who has grabbed them.

We look to fact and logic as our comforts -- not the chump change blessings of a Bill O'Reilly or a Nancy Grace, or any other media artiste who has set YOUR thoughts a peculiar way.

We answer the questions as they were asked -- ask in good order, get answered in good order. Come on like a fool, get whacked for being the fool.

Whyfor a name "truth seeker" should look to a such truth-reckless sources and be counted with them -- the media, the mob, the perverters of marriage contracts? What trust do you have in the testimony of accomplished deceivers and demonstrated liars?

Yet a man makes inventions that improve the lives of the sick and injured and all you all run -- leap like mad dogs -- to chew him to bits. Taste good, you dogs that refuse to look up your own facts and make up your own minds? For G-d's sake, stand like men, get off all fours, wipe the lather from your lips, and see what has happened this sad day!

[Rheo]

Will you also be posting the portion of the transcript that states the bedroom computer is from Neil's bedroom?..or the portion that states Teen Sluts, Pinkforfree.com (porn site) and Lesbian Bordello were being accessed on the computer while DW was being interrogated at the police station?

[TomB]

But every child molester I've read about was a Windows user.

That's because all Mac users are adults still living in their parents' basements who spend all their time in chat rooms, playing Counterstrike, and downloading dirty pictures. Since they have no jobs, and only eat what mom buys at the store (or has pizza delivered), they never leave the basement, and subsequently have no opportunity to commit crimes. Which, incidentally, is a very good thing because given the level of psychosis of the typical Mac user, the national crime rate would skyrocket if they ever left the house and had to interact with someone other than mommy.

[connectthedots]

I wonder how long it will be before some of the jurors reflect with horror the verdict they rendered today.

[nycgal]

Obviously, from my previous post, you can see that I have been called for jury duty. Back then those called came from the voter registration lists. You had to know how to read and write then. Apparently, that's not the case now,

[connectthedots]

Had DW never cooperated with the police and answered their questions, the SDPD would have never obtained a search warrant, DW would have never been indicted, tried, nor convicted; whether he is guilty or innocent.

[nycgal]

I wonder how long it will be before some of the jurors reflect with horror the verdict they rendered today.

I made a similar comment earlier and got someone upset. How dare I make such a prediction?

[Amore]

OMG, that thread's amazing! I especially like the one complaining because the prosecutor wanted an extra 10 minutes to talk to the victim's parents before the guilty verdict was read. Everybody's being so mean to poor Dave!

[Freedom2specul8]

"If it were a "random" snatching off of the street, I would feel differently "

Are you sure or do you mean with a different defendant?

It don't matter if they were sinners or saints, predators would definitely take the chance..and if he thought the babysitter was there..he took the chance. :( That's how I see it..

[TomB]

I had the impression that the nastiest porn item was a Japanese cartoon (anime?) depicting the rape of a young girl. I could see where he might have kept that just because of its unusualness, its bizarre reflection of a foreign culture's underside.

So he was collecting porn as a cultural study?

Did they bring that up in the trial?

[Rheo]

That is probably true.

The verdict has been rendered but the questions still remain:

Whose 7cm dark coarse brown hair was under her body, that was not run thru the offender database?

How did the multicolor fibers found on her body and in her hair remain on her but were found no where in his environments?

Whose unidentified prints are on the slider door, garage door, bannister and the desk next to her bed?

Whose blood is on the VD garage floor?

Whose unidentified DNA is on her multicolor blanket from her bed?

How would he have cleaned up all her trace from that MH yet leave all the hairs of 6-7 other people, including on the mattress pad?

[Freedom2specul8]

" Well, the trial is OVER. The punishment phase is soon to start, options being life in prison, or death. It is pretty much OVER for Westerfield.

He will be behind bars for years, even if sentenced to death.

The SaveDave thread on FR will now be sure to last for years, pending appeal, of course."

Do you have any theories on what they might appeal on? (thinking back on the objections..)

The save dave thread may just survive that long! I have a feeling they have some plans. I've been saying for a long time if they think there is an travesty of justice, police corruption and a big conspiracy, to PLEASE just list the offenses in a clear manner, and get some major publicity..

[TheDon]

Too bad they can't drag that ba$tard outside the court room and put a bullet into the back of his head right now. It is so sad to think what he did to little Danielle. At least he won't be doing it again.