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.

[Kevin Curry]

There were drugs and promiscuous sex and child porn involved in this case.

I'm biting my tongue.

I don't want to give the burgeoning "Boot Statists Curry et al from FR" shadow movement any added impetus to coalesce at this time.

[Spunky]

Because Feldman has known all along that he was defending a killer.

I've often wondered if a lawyer would defend a person if he really knew the person was guilty and how the lawyer would act when doing so.

If this is true then we learned how a lawyer would act.

Disconnected and all over the place.

[Amore]

Yes, somewhat disconnected in his closing, but sharp as a razor the rest of the time. It's got to be harder to make a coherent closing when you know your client is guilty as sin.

[xJones]

I didn't think you'd want to miss this one.

[CW_Conservative]

Because its sourced in a paper that could be held accountable rather than an anon person in internet.

You're making a joke right? When do the media claim responsibility for anything?

How can you hold an anonymous source accountable? Why would a responsible newspaper print a story such as this without a comment from the defense lawyers?

Maybe to sway public opinion, nah! Everybody already knows he's guilty, Bill O'Reilly told me so.

[BunnySlippers]

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

It will be interesting to see if Feldman comes out and denies this article. I suspect he won't.

And I predict that the majority of the Squeakies will NEVER under any circumstance believe he did this crime. They have so much invested emotionally that they can't.

[Illbay]

This however was the only reason that anyone was able to give me--outside of the usual "the police are corrupt" rant--as to their support.

[Roscoe]

"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 newspaper must be part of the CONSPIRACY!!!!

[CW_Conservative]

The newspaper must be part of the CONSPIRACY!!!!

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

Do you think this article could have waited until Feldman or Boyce could have commented? Why the anonymous source? The gag order has been lifted.

Obviously law enforcement and the newspaper were both involved in publishing this story, which is unfair to David Westerfield in that he is unable to respond. So yes you can call it a conspiracy if you wish.

[Ditter]

Which one of the apologist was willing to invite Westerfield over to her house for dinner & invite her grandchildren? Wonder what she would serve........ crow?

[Kevin Curry]

All Westerfield's attorney has to do is call a press conference and say, "Regardless of the speculation and lies that may be found in the papers, my client is innocent of these charges. The report that he was about to take a plea in exchange for information about the location of the body is totally false. He could not have offered to make such a plea because he did not know where the body was."

[It's me]

You know, you don't have to be so mean. That person obviously thinks differently now. Have you ever made a mistake.

Talk about rubbing it in.

Geeez guys, take it easy. Do you wonder why they're not here?

[Amore]

No, I don't wonder why they're not here. It's not easy to admit you're wrong, and I commend you for it. I wonder how many more will step up to the plate and do so after all the abuse they heaped upon us?

[Roscoe]

Why the anonymous source?

Sources. Law enforcement sources.

The newpaper must be lying as part of the government cover-up! This conspiracy is even worse than the one against poor innocent OJ!!

[CW_Conservative]

All Westerfield's attorney has to do is call a press conference and say, "Regardless of the speculation and lies that may be found in the papers, my client is innocent of these charges. The report that he was about to take a plea in exchange for information about the location of the body is totally false. He could not have offered to make such a plea because he did not know where the body was."

Why should he have to deny something that was said by someone who is unwilling to identify theirself?

[Amore]

"could not be reached for comment" is just standard reporter language. More often than not doesn't really mean "could not be reached" exactly. It means "we tried to talk to them and we left messages, but they would not return our calls." I'll bet dollars to donuts Feldy was well aware they wanted a comment from him on the plea, but he has no good response, so he chose not to respond.

[Amore]

Actually, I don't know WHO the person was who was willing to have DW over for dinner. But, unless it was you, how do you know they have changed their mind? The ones who have posted here (other than you) seem unwilling to concede anything.

[CW_Conservative]

Sources. Law enforcement sources.

Thanks.

The newpaper must be lying as part of the government cover-up! This conspiracy is even worse than the one against poor innocent OJ!!

The government has no need to cover-up when everyboby is unwilling to even ask questions. Why have a trial, what is the point?

[Bug]

Yes, somewhat disconnected in his closing, but sharp as a razor the rest of the time. It's got to be harder to make a coherent closing when you know your client is guilty as sin.

I'm convinced that someone as sharp as Feldman was purposeful in his closing argument. It was a strategy to confuse at least one juror.

[justshe]

~~~There are occasional cases in the news which surface wherein they'll scramble to pin the blame upon society, or law enforcement. As such they are no different from whiney liberals with their whiney cop-outs. ~~~

Bingo.......and well said!