Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Plea deal 'minutes away' when body found
San Diego Union Tribune ^ | September 17, 2002 | J. Harry Jones

Posted on 09/17/2002 5:28:16 AM PDT by Bug

Plea deal 'minutes away' when body found

By J. Harry Jones
STAFF WRITER

September 17, 2002


Minutes before Danielle van Dam's remains were found Feb. 27, David Westerfield's lawyers were brokering a deal with prosecutors:

He would tell police where he dumped the 7-year-old girl's body; they would not seek the death penalty.

Law enforcement sources told The San Diego Union-Tribune yesterday defense lawyers Steven Feldman and Robert Boyce were negotiating for a life sentence for the 50-year-old design engineer, a neighbor of the van Dams in Sabre Springs.

The deal they were discussing would have allowed Westerfield to plead guilty to murder and be sentenced to life in prison without the possibility of parole, said the officials, who spoke on condition they not be identified.

Prosecutors were seriously considering the bargain when Danielle's body was discovered off Dehesa Road that afternoon, nearly four weeks after she disappeared from her bedroom.

"The deal was just minutes away," one of the sources said.

It was aborted, but details were confirmed yesterday soon after a San Diego Superior Court jury recommended the death penalty for Westerfield.

The officials outlined this chronology:

Feldman and Boyce were at the downtown San Diego jail discussing the final arrangements with Westerfield when volunteer searchers found Danielle's remains beneath trees along Dehesa Road east of El Cajon.

When the lawyers left to meet with prosecutors, they noticed members of the news media gathering in the street and asked what was happening.

After being told a body had been found, they went directly to the nearby Hall of Justice and met with prosecutors. The defense lawyers were handed a copy of a Thomas Guide map of the Dehesa area on which a circle had been drawn indicating the location of the body.

Feldman and Boyce took the map back to Westerfield and later telephoned to say they no longer "had anything to discuss regarding a plea bargain."

Neither Feldman nor Boyce could be reached for comment last night.

Danielle was reported missing from her home the morning of Feb. 2, and Westerfield, who lived two doors away, quickly became the primary suspect. He was watched closely by police for weeks as authorities and volunteers searched from the Sabre Springs neighborhood to the Imperial County desert.

After DNA results linked Westerfield to the crime, he was arrested Feb. 22 and charged with kidnapping and burglary.

Three days later, even though Danielle's body had not been found, District Attorney Paul Pfingst announced murder and kidnapping charges would be filed that could carry the death penalty.

Many law enforcement officials feared Danielle's body might never be found. Then, on Feb. 27, volunteer searchers combing the Dehesa area, far from where police had focused, found Danielle's badly decomposed remains.

At that point, the official sources said yesterday, any opportunity Westerfield and his lawyers had to win a plea bargain evaporated.


J. Harry Jones: (619) 542-4590;

email

Copyright 2002 Union-Tribune Publishing Co.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: westerfield
Navigation: use the links below to view more comments.
first previous 1-20 ... 321-340341-360361-380 ... 641-655 next last
To: Guenevere
"Minutes before Danielle van Dam's remains were found Feb. 27, David Westerfield's lawyers were brokering a deal with prosecutors:"

"He would tell police where he dumped the 7-year-old girl's body; they would not seek the death penalty."

"Law enforcement sources told The San Diego Union-Tribune yesterday defense lawyers Steven Feldman and Robert Boyce were negotiating for a life sentence for the 50-year-old design engineer, a neighbor of the van Dams in Sabre Springs."

Would you still invite Westerfield into your home?

341 posted on 09/17/2002 4:36:28 PM PDT by Luis Gonzalez
[ Post Reply | Private Reply | To 1 | View Replies]

To: Registered
Glad to see you posting again.

Now, let's argue about something!
342 posted on 09/17/2002 4:37:14 PM PDT by Luis Gonzalez
[ Post Reply | Private Reply | To 49 | View Replies]

To: Illbay
What's the matter? Can't answer the questions? Can't back up what you say.

That is the problem with this case. What you said, your question. "PROVE HE'S NOT GUILTY". That, I believe, is the way that you approached this whole case, the way a majority of the public and all of the media viewed this case, and the way the Judge and Jury dealt with this case.

This is not how our JUSTICE system is supposed to operate, and that is what I am at odds with.

343 posted on 09/17/2002 4:41:11 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 339 | View Replies]

To: UCANSEE2
"One of the best techniques for leading the sheeple around by the nose."

Another technique would be to have second-rate disc jockeys harp on the victims of the crime, and try to take attention away from the fact that Westerfield raped and murdered a child. Then have some sycophant plaster the forum with graphically intense threads, where he demonizes the victims, and deifies the pedophile.

It worked with many, and I see it's still working with some.

344 posted on 09/17/2002 4:45:12 PM PDT by Luis Gonzalez
[ Post Reply | Private Reply | To 318 | View Replies]

To: Luis Gonzalez
Thanks friend.
345 posted on 09/17/2002 4:51:06 PM PDT by Registered
[ Post Reply | Private Reply | To 342 | View Replies]

To: UCANSEE2
No, the way I've approached this case is that it has nothing to do with me. It's my opinion that he's guilty. It's your OPINION that he's innocent.

And it is the JURY'S opinion that he's going to fry.

The difference is, unlike you and me, the jury heard ALL the evidence. Twelve unique individuals, each with his or her prejudices and predilections.

And in the end, they said that he's guilty. What's more, he's SO guilty in their minds that he's going to die. This by a jury in a state that hands out the death penalty like Hillary! Rodham Clinton hands out tips: Very, very sparingly.

Now we discover, from interviews with the people involved, that Westerfield was going to confess until the state authorities--unfortunately for him--found the body first.

Your man is guilty, he was ALWAYS guilty, and he's now guilty beyond even a WHISKER of a doubt thanks to what we've now learned.

I'm sorry you take things like this so personally that you are unable to accept facts when they fly in the face of your purely emotion-based agenda.

But that's just tough.

346 posted on 09/17/2002 5:09:04 PM PDT by Illbay
[ Post Reply | Private Reply | To 343 | View Replies]

To: Bug
BOY O BOY!! O'Reilly is ripping @ss about these defense attorneys.
347 posted on 09/17/2002 5:10:28 PM PDT by blam
[ Post Reply | Private Reply | To 1 | View Replies]

To: Registered
Hey, Cool! Glad your back!

Care to "honor" Mr. Westerfield with one of your inimitable creations? I know there are many here'd be glad to see it.

348 posted on 09/17/2002 5:10:32 PM PDT by Illbay
[ Post Reply | Private Reply | To 345 | View Replies]

To: Thinkin' Gal
Feldman and Boyce should be tried as being "accessories after the fact". Surely we still have those statutes on the books. It is time we returned to being a Nation of Laws and not a Nation of Lawyers.
349 posted on 09/17/2002 5:16:28 PM PDT by scouse
[ Post Reply | Private Reply | To 4 | View Replies]

To: Illbay
The difference is, unlike you and me, the jury heard ALL the evidence.

Speak for yourself.

Your man is guilty, he was ALWAYS guilty, and he's now guilty beyond even a WHISKER of a doubt thanks to what we've now learned.

You learned something. Many others already knew about this before it was turned into SPIN.

Now we discover, from interviews with the people involved, that Westerfield was going to confess until the state authorities--unfortunately for him--found the body first.

Once again, prove where it says he KNEW where the body was and was ready to sign. You can't.

350 posted on 09/17/2002 5:23:44 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 346 | View Replies]

To: ~Kim4VRWC's~
..."rubbing her teeth with his finger"...???? And Danielle's teeth were broken off? Some kind of crazy obession? Lethal injection is too good for the murdering freak.
351 posted on 09/17/2002 5:25:04 PM PDT by not-an-ostrich
[ Post Reply | Private Reply | To 30 | View Replies]

To: redlipstick
Thank you, red.
352 posted on 09/17/2002 5:54:03 PM PDT by savedbygrace
[ Post Reply | Private Reply | To 340 | View Replies]

To: Registered
"...they only found her blood on his jacket and a spot on the mh floor by the bathroom."

That is enough evidence for me to beat him to death if it were my little girl.--regis"

I hear ya... I missed your reply earlier, was flipping back and forth between 2 threads. I felt that way when the child porn rape videos were shown to the jury. Some sick perv watched those for pleasure.

353 posted on 09/17/2002 5:54:26 PM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 49 | View Replies]

To: Amore
In Michigan, a defense attorney has an absoulute obligation to inform the court if he know for a fact that his client is lying on the witness stand. Ti do otherwise would be suborning perjury. Only Clinton's lawyers are allowed to do that. This is one of the primary reason seasoned lawyers don't ask their clients.

With respect to the attorney knowing the defenant is guilty, the lawer has an ethical obligation to continue to represent the defenant even if the attorney is conviced of his guilt. All defendants are entitled to a trial by the Constitution; even the guilty ones. They are also allowed legal counsel.

Most lay people fail to understand the roles of the players in a criminal proceeding. The role of the defense attorney is too insure that the case against the Defendant is real (done so by challenging the governments evidence)and to put the Defendants case before a jury whos job it is to determine guilt or innocence.

354 posted on 09/17/2002 5:58:14 PM PDT by CharacterCounts
[ Post Reply | Private Reply | To 217 | View Replies]

To: VRWC_minion
In civil trials and criminal trials, settelment attempts are not permitted to be heard by the trier of fact. Inn this case, the jury is the trier of fact and if a juror was allowed to hear that Westerfield's attorneys were negotiating for a plea bargain the judge would necessarily be required to decalre a mistrial and start over.

If the law were otherwise, no lawyers would ever try to settle any cases.

355 posted on 09/17/2002 6:02:56 PM PDT by CharacterCounts
[ Post Reply | Private Reply | To 291 | View Replies]

To: redlipstick
I guess if Dusek comes out and verifies that he was sincerely offered such a deal from the defense, I'll believe it. So far it sounds like press exageration.
356 posted on 09/17/2002 6:03:49 PM PDT by John Jamieson
[ Post Reply | Private Reply | To 313 | View Replies]

To: UCANSEE2
Suppose Westerfield admits his guilt at sentencing. Would that change your mind?
357 posted on 09/17/2002 6:06:12 PM PDT by CharacterCounts
[ Post Reply | Private Reply | To 350 | View Replies]

To: CharacterCounts
Sure, but I'd still wonder if he was covering for an accomplise. I'd want a full explaination that fit all the facts.
358 posted on 09/17/2002 6:09:26 PM PDT by John Jamieson
[ Post Reply | Private Reply | To 357 | View Replies]

To: CharacterCounts
On second thought, it wouldn't really say that the prosecution proved it's case to me, but then, they did prove it to the jury.
359 posted on 09/17/2002 6:11:25 PM PDT by John Jamieson
[ Post Reply | Private Reply | To 357 | View Replies]

To: UCANSEE2
There was no article about a proposed plea bargain at the beginning of the trial. Source your claim please.

360 posted on 09/17/2002 6:13:47 PM PDT by Valpal1
[ Post Reply | Private Reply | To 318 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 321-340341-360361-380 ... 641-655 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson