Plea deal 'minutes away' when body found

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

[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.

[bvw]

Do the ends justify the means?

[marajade]

what ends are those?

[Freedom2specul8]

You took the words out of my mouth.... I didn't think we'd ever know for sure.

[John Jamieson]

I just saw a little snipet of them. I'd sure like to see the others talk, but they may never do it.

[bvw]

They came to a "correct" decision -- did the trial follow a "correct" process?

[bvw]

If the rest don't that would be to a credit, imo.

[Freedom2specul8]

"BOY O BOY!! O'Reilly is ripping @ss about these defense attorneys."

It was great, but golly I've never seen him this mad. He needs to watch his blood pressure. He's right, atty's are not suppose to lie..but they can create doubt, confusion and scenarious to throw the scent off of the defendant. That's what they were paid for.

[John Jamieson]

How to you know that he knew DW was guilty? And if he did why would that change his approach?

Either way, I would have liked him to clear up the "Blood" issue. In retrospect, he depended too heavily on the "bugs" which worked with me, but not the jury.

[marajade]

" ... did the trial follow a 'correct' process?"

Well if they didn't I guess Westerfield has a case for appeal and since its automatic in DP cases he may have a chance. Maybe you should email his attorney and let him know so he can use your argument (which isn't clear to me what it is even is) in his appeal.

[marajade]

"How to you know that he knew DW was guilty?"

Well I'd say that his trying to negotiate a plea agreement where his client would get life in prison in exchange for where the body was might be an indication.

[John Jamieson]

Why is O'Reilly mad, they lost. What would he have said if they had won? Would they be worse scum, or better lawyers?

[marajade]

Why is he mad? Read my post #390...

[John Jamieson]

4 month old press rumor, not verified by either side. Not exactly a "known" fact.

[Amore]

Oh, go join CharacterCounts on that thread! There's enough dissension here without getting into that. It is not false that 2 explosives dogs alerted on the vehicles -- which is what was reported. It is not false that the license on one of the cars didn’t match -– which is what was reported (apparently they’re now saying it was an innocent paperwork mistake in making the title or tag transfer but even if that’s true, there was no way for police to know that at the time), It is not false that the FIRST car went through without paying -- which I’ve never heard is allowable in the state where I was born and raised -- Florida, and it is not false that they were uncooperative at first.


And back to our topic, it is not false that the VD's were swingers which most people on your side embraced immediately.

[marajade]

"4 month old press rumor, not verified by either side."

Wrong... there was a brief filed by Feldman and the court sealed it until today after the jury gave him death...

[marajade]

" ... it is not false that the VD's were swingers which most people on your side embraced immediately."

Which has absolutely nothing to do with the guilt or innocence of Westerfield...

[John Jamieson]

He's buying the unsourced press report, too. Would never stand up in court as evidence of anything. The prosecution almost always suggests a deal. Feldman would listen to everything they had to say without committing his client. It's his job.

[John Jamieson]

You've read that brief or have knowledge of it's contents? Please share.

[marajade]

"Feldman would listen to everything they had to say without committing his client. It's his job."

They were hours away from taking the plea agreement. The court unsealed an order that corroborates this fact today after the jury gave him death. How could he even entertain the plea if he didn't know where the body was dumped?

[marajade]

Well I could try to find it since the court unsealed it today... But I believe the press reports that are everywhere that are reporting it...