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.

[John Jamieson]

Yes, they were. I would have hung the jury or turned it around if I could. As I said, I have a very high standard of "beyond a reasonable doubt", and an excellant understanding of science and logic.

[cyncooper]

:)

[John Jamieson]

"The bug experts themselves stated that their findings were NOT scientific".

Sorry, I don't remember that testimony.

[Freedom2specul8]

"Remember how I got creamed because I thought he was guilty just on the fingerprints alone?"

I don't remember the specifics....but I do remember you being on the receiving end of unwarranted attacks.

[marajade]

"Sorry, I don't remember that testimony."

Then I guess its a good thing you weren't a juror because they did and was why they discounted it and found him guilty.

[Kevin Curry]

I'm sure you'd call me a Bush-bot, and I never defended Westerfield. Neither did I nor do I defend the dead girl's parents. Their lifestyle is repugnant beyond belief.

I pity Danielle. She is the only person in this whole sordid mess who deserves pity.

[marajade]

Yeah well and the hits just keep on coming because now I'm getting by freepmail by a poster in this thread tonite as well...

[Freedom2specul8]

You guys stood up to bat for me a lot and you didn't have to.. and I do want to thank you.

[Freedom2specul8]

Attacks by freepmail or discussion?

[marajade]

"Attacks by freepmail..."

Yes.

[John Jamieson]

I watched all their testimony, did you?

[marajade]

Give it up...

[dread78645]

Did we ever find out exactly which witnesses the judge considered to be known liers? He said there were some.

Don't know about which the judge was discussing but my notes ...

Denise Kemal --Damon never came down-stairs
Det Frank Gerbac --Denise K's interview, did/didn't notice him at Dads', saw Dave the next day "I left at 9", etc.
Brenda van Dam --didn't dance with DAW, then later on cross-exam she "couldn't recall"
Glenie Nasland --testimony that Dave was at the bar when she arrived, police interview has Dave coming in afterwards
Det. Torgerson --didn't know which drycleaner, but on cross exam "had information" that it was Twin Peaks.

Anybody else ?

[marajade]

http://www.signonsandiego.com/news/metro/danielle/20020725-9999-morning.html

[John Jamieson]

Why, because you say so?

You've attacked my thinking process so I'm going to brag a little and tell you about my intellect. First of all I'm a poor speller, I know. Second I'm also a graduate of MIT class of 67, course XVI aero/astro. I worked for NASA from 67 to 94, put man on the moon, founded the Kennedy Space Center Artificial Intelligence Lab in 86, wrote over a million lines of code for the Space Shuttle and retired with a very nice income when I was 48. I use my real name so you can easy check me out. My thinking process is probably just as good as yours, and since I'm retired, I suspect that I have followed the case more carefully than you have.

Now, is it allright if I have a view point, different than yours?

[John Jamieson]

This is the guy that said that Daniel died before she disappeared. (4 to 6 weeks) Yah, he was a real good witness.

[dread78645]

I believe it was Cherokee's mom. If you read the context of the conversation I think it had something to do with River's testimony.

Pat LePage testified that she hadn't taken any medication before court. River Stillwood said she met Ms. LePage in the ladies room and LePage was in pain and wanted to take "some more medication". But River didn't see if she did or not.

[nmh]

Are death row folks also entitled to conjugal visits too? I short, hanging out on death row is no picinic. No one really wants to be there. Very few clamour for the death sentence.

[Amore]

Not only no conjugal visits, but an attorney on CTV indicated (as I recall) no contact visits whatsoever -- even from family.

[Amore]

Since I"ve already gotten flamed for posting something from Jameson's wacky website, it was also reported there that tonight Rick Roberts had on a reporter who just did a story for San Diego magazine. He was able to listen/watch the Feb. 5th tape of keyser/ott interviewing DW after taking them out to the dessert to show what he did that weekend. Three items:

1. DW said he cut off his wife's underwear while she slept. (He explained that Officers Ott/Keyser had spoken with ex-wife Jackie and asked her if he had deviant sexual behavior. She had complained about this and other things.)

2. DW said his wife witnessed him coming in very late at nite with binoculars (the hint being he used them out in the neighborhood to spy).

3. DW asked Officers Ott/Keyser to leave a gun in the room when they had to leave (so he could kill himself).

Too bad they couldn't oblige him.