Plea deal 'minutes away' when body found

San Diego Union Tribune ^ | September 17, 2002 | J. Harry Jones

[Kevin Curry]

Why should [Westerfield's lawyer] have to deny [an allegation that Westerfield tried to bargain for a life sentence in exchange for telling the police where the girl's body was hidden] . . . that was [alleged] by someone who is unwilling to identify theirself?

Better yet, why wouldn't he?

Unless he couldn't.

I don't think he could.

[NYCVirago]

Phone just rang. Joshua Allan Spurlock, my newest grandson, born in FL about an hour ago. Mom and baby (7 pounds) doing fine, Dad falling apart. Hurray!!!!

Congrats -- you must be very happy!

[Spunky]

I am talking about the process.....

I think we all received a good education on the process and most on the threads were trying to search for the truth.

That being said I find this article difficult to swallow.

Why would the defense be about to plea bargain guilty and tell where the body is to avoid the death penalty when it would seem Westerfield would have a better chance in trial if the body was never found. (It is possible the body may never have been found)

But once the body is found the defense believe they can win the case and decide to go to trial. The prosecutor had all the same evidence with or without a body.(except bugs)

Makes no sense to me.

[Freedom2specul8]

~CONGRATULATIONS~

[Freedom2specul8]

I'll check in later..to reply to your posts. (after dinner etc) Am so excited for JJ..I can't wait to be a granny...but not for 10 yrs or so. :)

[PoisedWoman]

If Feldman knew Westerfield was guilty and defended him anyway, I think Duseks closing statements on how it probably happened really hit Feldman in the gut. He just couldn't put it together for the closing after that.

I'm thinking along these lines too. I watched very little of the trial, but it seemed to me that Feldman was not a very good lawyer. Even his voice sounded forced. Rerunning this in my mind now, knowing that he knew he was defending a guilty client, Feldman's defense makes more sense. There were many opportunities for him to question witnesses about the possibilities raised here on FR ad nauseum, and he did not do so.

Of course, criminal attorneys often defend guilty clients, but this was a particularly heinous crime. A real challenge for a defense attorney. I'll never forget the essential thinness of Feldman's voice...he just didn't have his heart in it, forced himself to say what he said. Not a great actor and not convincing. IMO.

[VRWC_minion]

Reasons for = closure, expenses avoided, added problem to win case without a body, still possible to lose any case, death sentence isn't certain in any case. It makes a lot of sense for prosecutor. A life sentence would be a good deal for him.

[Amore]

Both sides have to sign the plea agreement to be binding. In fact, 3 entities have to sign: Defendant, his attorney, AND the state attorney. DW would only have been the first to sign.

[Amore]

It makes plenty of sense if you're familiar with the plea process. And just because the body HADN'T been found didn't mean it WOULDN'T be found. DW couldn't know what evidence could or couldn't be gotten from the body.

It's funny that lots of people who talk about death row as being so cushy and preferable to life in prison yet defendants never negotiate a plea in return for a death penalty. But plenty of times they'll negotiate a plea in return for taking the death penalty off the table!

[UCANSEE2]

I see you are indendently using the brain God gave you to take in all the information, and evaluate it for yourself. Your reasoning ability seems to be way above the curve of many of the FR posters. They even admit to their position.

They will tell you that they accepted the media disinformation that originally came out and made up their minds then. No amount of reality would ever make them change their mind. They continue to accept media disinformation as fact. They continue to accept lies spewed by posters on other websites, who are anonymous and claim to be PRESIDENT one day, then an "INSIDER" the next.

[Amore]

Ok, was that a dig at me? I emphasized the word "SAYS" because I was trying to emphasize it was merely what someone said on another forum. I don't even read over at that awful forum (that's a forum for YOUR side), but someone pointed me to that particular post of John Boy's, and I went ahead and mentioned it. I should have known someone like you would make a mountain out of a molehill about it.

And you still haven't explained why it is that I don't fit into your neat little categories. I'm one of those who thought that the VD's were lying about certain things; I still think so. I was open to the possibility that the VD's or the friends might have been involved. I eventually reasoned out FROM THE EVIDENCE that DW was in fact guilty. I don't understand why you think you are justified in making these sweeping generalities about people you don't even know. It certainly doesn't persuade anyone to your point of view.

[Illbay]

Still haven't seen any evidence that DW confessed to anything.

He DIDN'T confess--that's why I said "unofficial." Once they had found the body without his help, they didn't need the plea bargain any more, and his attorney--who obviously knew all along he was guilty (this is where I fully understand Bill O'Reilly's complaint)--basically said "all right, you're going to have to get a conviction the hard way."

But the fact that the negotiation was ongoing, and about to be completed just MOMENTS before the body was found, indicates more than anything else that Westerfield was guilty. It is an UNOFFICIAL admission of his guilt.

Now he's going to fry because he let it go on too long.

How sad (not).

[savedbygrace]

You may be right that he thought that, but my point stands. If he had been willing to burn it, he would probably have been acquited. IMO.

Which means, to me, that God saw to it that his sin found him out. A lesson to anyone trying to hide his/her sin.

[socal_parrot]

Ninja Dave Bump!!

[BunnySlippers]

You may be right that he thought that, but my point stands. If he had been willing to burn it, he would probably have been acquited. IMO. Which means, to me, that God saw to it that his sin found him out. A lesson to anyone trying to hide his/her sin.

I think you're right. LE arrested Westerfield so soon because they felt (rightly) that he was destroying evidence.

The crime itself was incredibly brazen. It's one of the reasons I wouldn't be surprised if he'd gotten away with something like this before.

[thepitts]

Or possibly "they" are poisoning the well before the appeal?

[UCANSEE2]

It is exactly people like Illbay the the SD U-T is appealing to. The ones that buy into anything they say and let their imagination generate the rest.

I challenge you, Illbay, prove that DW was about to sign. Prove he knew where the body was.

Prove his lawyer KNEW he was guilty. Prove his lawyer said "all right, you're going to have to get a conviction the hard way".

[savedbygrace]

acquited = acquitted

I hate it when I spoil a perfectly good post with a dumb spelling error.

[Illbay]

I challenge you, Illbay, prove that DW was about to sign. Prove he knew where the body was.

Prove he's not guilty.

[EllaMinnow]

It was a perfectly good post even with the spelling error.