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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
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To: VRWC_minion
Thanks for my first grin of the day.
41 posted on 09/17/2002 6:29:57 AM PDT by EllaMinnow
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To: ~Kim4VRWC's~
It's very troubling to think that he had a chance to walk even after offering to show where the body was.
42 posted on 09/17/2002 6:30:31 AM PDT by tetelestai
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To: ~Kim4VRWC's~
"He said there were things that didn't come out at the trial and when they did, maybe then we could find out who did it."

I can't wait

43 posted on 09/17/2002 6:32:14 AM PDT by demsux
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To: ~Kim4VRWC's~
Kimmie, Kimmie, Kimmie I've posted something similar before and was flamed. Why is it valid now?
44 posted on 09/17/2002 6:40:47 AM PDT by Jaded
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To: Bug
This information ought to relieve the woman juror who had her doubts and caused all the delays. Unless she too is of the opinion that pity ought to be heaped upon a person who kills their parents and then cries about being an orphan.
45 posted on 09/17/2002 6:45:41 AM PDT by OldFriend
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To: ~Kim4VRWC's~
Kimmie, Kimmie, Kimmie I've posted something similar before and was flamed. Why is it valid now?


46 posted on 09/17/2002 6:46:31 AM PDT by Jaded
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To: Jaded
Do you think the article is a lie?
47 posted on 09/17/2002 6:47:02 AM PDT by EllaMinnow
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To: redlipstick
You people slay me. This has been out there since March. There have been several versions going around. Will you believe it when in tomorrow's edition it will say that Westerfield hid in her closet doing the nasty?

48 posted on 09/17/2002 6:52:41 AM PDT by Jaded
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To: ~Kim4VRWC's~
"...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.
49 posted on 09/17/2002 6:53:08 AM PDT by Registered
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To: VRWC_minion
a reporter follow the rules of a gag order ? somehow i don't believe
50 posted on 09/17/2002 6:54:10 AM PDT by gdc61
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To: BlueLancer; Cultural Jihad; Texasforever; Roscoe
How would a man innocent of the crime know where the body was?"

Uhhhhh . . . . He overheard the real killers at a bar discussing where they hid the body. He went to call the police so they could arrest the killers, but no one answered the phone. "They must all be out harassing terminally ill marijuana patients instead of concentrating on real crime," he thought to himself grimly.

He jumped in his motorhome to go check the site to verify the information and--sure enough--found the body. He placed the body in his motorhome intending to take it to the police. When he got back to the bar, he found that the killers had absconded.

He tried to call the police again, and this time there was an answer! He hung up without saying another word, for he knew in his bones what had happened. It was no mere coincidence that when the killers were at the bar, no one was at the police station.

In a panic he hastened back to the site where he had found the body and placed it back as he had found it.

Now he had this terrible secret and who would ever believe him?

The chill truth hit him like a gale-force nor'easter. He had been set up. The cops had allowed him to "overhear" them at the bar. This was their plan all along. They had probably followed him all the way out to where the body was deposited and watched from the shadows with smug satisfaction as he palced the body in is motorhome. For now fiber evidence was strewn all over his motorhome. Curses!

The trap was thus set and sprung and an innocent man was sacrificed to protect an evil (is there any other kind?) statist cabal.

51 posted on 09/17/2002 6:54:15 AM PDT by Kevin Curry
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To: TankerKC
Interesting thought, but Westerfield is not indigent. He was living pretty nicely before this.

This was the senario for after he was arrested. Sure he was living nicely but I don't think he was planning on getting caught..After he was arrested and the authorities were onto him. This was a better deal.

52 posted on 09/17/2002 6:54:53 AM PDT by Texas Mom
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To: Psalm 73
And if the political/social winds should change, it may turn out to be a Texas or Florida experience...

Boy, talk about your wishful dreaming! :~D

Did you forget we are talking about California? The odds of political/social changes occurring there are slim to none with the emphasis on NONE!

53 posted on 09/17/2002 6:57:00 AM PDT by cuz_it_aint_their_money
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To: Kevin Curry
The trap was thus set and sprung and an innocent man was sacrificed to protect an evil (is there any other kind?) statist cabal.

So, you have the book rights uh.

54 posted on 09/17/2002 6:58:25 AM PDT by VRWC_minion
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To: Poohbah
Sucks-to-be-a-Westerfield-apologist bump!
55 posted on 09/17/2002 7:10:35 AM PDT by Amore
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To: Jaded
I don't believe everything I read, especially not when it comes from the likes of Doug Pierce and jameson.

I believe this article, because it tells us exactly why Feldman never claimed that his client, your big ole teddybear Dave, is an innocent man.
Even Feldman's statement yesterday - did you miss it? - was about international disapproval of the death penalty, and not about wrongful conviction.

Because Feldman has known all along that he was defending a killer.
Have you?
56 posted on 09/17/2002 7:10:57 AM PDT by EllaMinnow
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To: redlipstick
"IMO, you've got your "more explosive than a confession" right here."

I think you've hit the nail on the head!

57 posted on 09/17/2002 7:13:16 AM PDT by Amore
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To: Illbay; Kevin Curry
I missed those threads wherein some DU types were proclaiming his innocence and decrying how evil Amerika is. Anytime illegal drugs, or orgies, or gunplay with LEOs are involved, they seem to descend out of the trees to whine and bemoan the persecution of these upstanding citizens.
58 posted on 09/17/2002 7:15:04 AM PDT by Cultural Jihad
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To: VRWC_minion
I could probably sell enough copies right here at FR to recoup the costs of publication.

I assure you, there are "true believers" in Westerfield's innocence who will believe an outrageous and thigh-slappingly laughable Rube Goldberg explanation before they believe he is actually guilty. He could tell them himself and they would dismiss it as the porduct of coercion.

59 posted on 09/17/2002 7:15:24 AM PDT by Kevin Curry
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To: redlipstick
I got my version of this from a SD cop's wife. So no, you haven't read everything and missed a couple of months too. BTW, I don't get my information from TheNedForum like some here do.
60 posted on 09/17/2002 7:15:52 AM PDT by Jaded
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