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Will Westerfield Face Death Penalty? (Van Dam trial update)
Union Trib ^ | March 18, 2002 | Alex Roth

Posted on 03/18/2002 6:58:54 AM PST by FresnoDA

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To: barker
I don't know if you're interested in lurknig/reading these threads..here's a bump..let me know and I'll ping ya next time too.
21 posted on 03/18/2002 9:33:08 AM PST by Freedom2specul8
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To: ~Kim4VRWC's~
I have no idea as to what they are calling "rape cartoons". I have seen some pretty wild things on the internet. Westerfield is obviously collecting, or someone in his household is. It is possible that the cartoons are japanese style stuff. I have seen some of this. It is not really rape, but steamy sex stories that you can read everyday in playboy.

I still think that it is just as likely that the child died in a household accident and the whole thing is being covered up bu the VDs. The person who dumped the body may verywell be of light build.(ie:dragging signs at scene) It is going to be interesting!

22 posted on 03/18/2002 9:40:00 AM PST by Cold Heat
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To: wirestripper
You're right...the news reports are what we are relying on wrt:the rape scenes. I don't know if they spoke about it on the witness stand or not. I would assume it's not normal porn, associated with popular porn mags like playboy, hustler or the harder core ones..

I speculated that maybe the dragging scene was to get as little blood on his clothes as possible...? It makes sense to me. It will be interesting ..especially learning the location of the begining of the trail of blood. I assume it wasn't on her bed...or bedroom floor (emmaculate room according to the pic of it)..maybe he drug her cuz it would look less suspicious in the dark then slung over the shoulder?

23 posted on 03/18/2002 9:46:36 AM PST by Freedom2specul8
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To: ~Kim4VRWC's~
Why does that number keep changing?
24 posted on 03/18/2002 9:48:01 AM PST by Jaded
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To: ~Kim4VRWC's~
http://www.missingkids.com/html/ncmec_default_ec_chldporn_laws.html

       FEDERAL  
In 1977 the Sexual Exploitation of Children Act (18 U.S.C. 2251-2253) was enacted. The law prohibits the use of a minor in the making of pornography, the transport of a child across state lines, the taking of a pornographic picture of a minor, and the production and circulation of materials advertising child pornography. It also prohibits the transfer, sale, purchase, and receipt of minors when the purpose of such transfer, sale, purchase, or receipt is to use the child or youth in the production of child pornography. The transportation, importation, shipment, and receipt of child pornography by any interstate means, including by mail or computer, is also prohibited.  

The Child Protection Act of 1984 (18 U.S.C. 2251-2255) defines anyone younger than the age of 18 as a child. Therefore, a sexually explicit photograph of anyone 17 years of age or younger is child pornography. 

On November 7, 1986, the U.S. Congress enacted the Child Sexual Abuse and Pornography Act (18 U.S.C. 2251-2256), that banned the production and use of advertisements for child pornography and included a provision for civil remedies of personal injuries  suffered by a minor who is a victim. It also raised the minimum sentences for repeat offenders from imprisonment of not less than two years to imprisonment of not less than five years. 

On November 18, 1988, the U.S. Congress enacted the Child Protection and Obscenity Enforcement Act (18 U.S.C. 2251-2256) that made it unlawful to use a computer to transmit advertisements for or visual depictions of child pornography and it prohibited the buying, selling, or otherwise obtaining temporary custody or control of children for the purpose of producing child pornography. 

On November 29, 1990, the U.S. Congress enacted 18 U.S.C. 2252 making it a federal crime to possess three or more depictions of child pornography that were mailed or shipped in interstate or foreign commerce or that were produced using materials that were mailed or shipped by any means, including by computer. 

With the passage of the Telecommunications Act of 1996, (18 U.S.C. 2422) it is a federal crime for anyone using the mail, interstate or foreign commerce, to persuade, induce, or entice any individual younger than the age of 18 to engage in any sexual act for which the person may be criminally prosecuted.  

The Child Pornography Prevention Act of 1996 amends the definition of child pornography to include that which actually depicts the sexual conduct of real minor children and that which appears to be a depiction of a minor engaging in sexual conduct. Computer, photographic, and photocopy technology is amazingly competent at creating and altering images that have been “morphed” to look like children even though those photographed may have actually been adults. People who alter pornographic images to look like children can now be prosecuted under the law. 
 

          STATE  
State governments have taken a number of steps to prevent the sexual exploitation of children. Today, every state has enacted statutes that specifically address the problem of child pornography. Unfortunately, whereas all states impose criminal liability on producers and distributors, there are seven states that have not yet established laws prohibiting the possession of child pornography (see map). 
Adapted from Child Sexual Exploitation: Improving Investigations and Protecting Victims by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). This information is reprinted with permission of Mike Medaris (OJJDP). Copyright (c) 1995 Education Development Center, Inc. All rights reserved.  

25 posted on 03/18/2002 9:52:12 AM PST by Freedom2specul8
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To: Southflanknorthpawsis
I believe this is the fourth time I am asking you this question. I can understand why you may not want to answer, but I thought it worth one more try.

I did mean to answer your questions, but got distracted by my real life

If the VD lifestyle had absolutely nothing to do with the crime and should be left uninvestigated as it pertains to this crime, I ask the following.

No parental lifestyle goes uninvestigated in the abduction/murder of a child. Family, particularly parents are always the first suspects, always, because statistically, they are the most likely perps. The VD's were investigated, and apparently some LEO blabbed all over the air to Rick Robert's. But LEO came to a different conclusion about who the offender really was. What little info that has been released leads me to believe they are correct. The Van Dam slamming detracts from the real issue of predatory pedophiles.

Do you consider their home a safe place for children?

No, the home is statistically the unsafest place in the world. Nevertheless, we all have to have a "home". Apparently their home was "safe" until it was entered by a predator.

Would you leave your own children in their care with no more concern than any other "normal" home?

I never leave my children in "other" care, ever. I am very paranoid. I have a small, select group of chosen family and friends of deep relationship, who are well aware that I have vigilante tendencies.

Knowing their lifestyle, would you encourage your own kids to spend time at the home?

No, my children are not missionaries, I encourage their friends to spend time at our home, by baking every day.

Just curious as to how innocent and free of blame you find them.

They are innocent and free of blame in the murder of their daughter. They didn't cause the wolf to exist. I feel pity for their victimization, and have a merciful understanding of the grief and self-blame they feel over their lapses in behavior and judgement. I think their hearts have been seared by the "if onlies". I have no burning desire to add to that punishment.

I prefer to punish wolves.

26 posted on 03/18/2002 9:53:22 AM PST by Valpal1
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To: ~Kim4VRWC's~
How would dragging something look less conspicuous than slung over one's shoulder or carrying?

What happens when there is no DW DNA found in Danielle's room, there is no indication he was in the house. If he was busy flinging her to and fro, where is the rest of the DNA evidence in the RV, where is the evidence in the 4Runner? Oh and BTW the plastic/drop cloth theory is a little noisy.

27 posted on 03/18/2002 9:53:27 AM PST by Jaded
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To: Jaded
I think the estimation was between 67,000 - 69,000..?? I've not heard anything else..
28 posted on 03/18/2002 9:53:29 AM PST by Freedom2specul8
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To: BigBobber
This is not an invitation to kidnap and murder a child. It is an invitation to meet an adult (married)woman at a bar, when her husband is out of town, and perhaps hook up later. There is no evidence that Westerfield was interested an anything other than adult women. Even the police admit the porn photos were exclusively "post pubescent" (my term) women. DW was interested in meeting Brenda's adult friends. He wanted to meet Brenda and her husband, and invite them to "adult" parties.

Can anyone tell me when DW had access to kidnap Danielle? He was in the bar until at least 10:30. He would have had to assume a babysitter was in the house after that. Babysitters stay in the living or family room of the house. They don't go upstairs and go to bed. How would you enter a house with the babysitter downstairs?

At 2:30, Brenda and friends were in the house. They did not leave until 2:30. At 3:30 Damon was up and noticed the door open. He shut it and it was still shut the following morning. So, the window of opportunity to kidnap Danielle was 2:30 to 3:30 a.m. Why would DW feel safe to enter the house then?

Isn't is more likely that the "kidnapper" was someone already in the house? Either the parents or one of the friends? We don't even know that Danielle was kidnapped. She could have had an accident in the house, or wandered out when the party was going on.

I had to repost the entire thing! You are SO right. I couldn't agree with you more.

29 posted on 03/18/2002 9:53:48 AM PST by It's me
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To: Valpal1
I encourage their friends to spend time at our home, by baking every day

LOL That was cute!!

30 posted on 03/18/2002 9:55:13 AM PST by Freedom2specul8
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To: Valpal1
Funny how what Rick Roberts said, that was dismissed as rumor, turned out to be true.

The home was unsafe because of the lack of character of the parents and their friends.

It remains to be seen who the wolf actually is.

31 posted on 03/18/2002 9:59:13 AM PST by Jaded
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To: Southflanknorthpawsis
Would you leave your own children in their care with no more concern than any other "normal" home?

Knowing their lifestyle, would you encourage your own kids to spend time at the home?

Just curious as to how innocent and free of blame you find them.

The fact that someone might not want my kids to visit that house does not mean the van Dams are in any way culpable here.

I wouldn't want my children visiting a home where the parents are swingers, but that also applies to households where the parents are rude to their domestic employees or chain smoke in the house or are members of a religion that may try to prosthelitize my kids. That's my perogative as a parent, and parents do and should have a lower tolerance for what their kids are exposed to than the state.

32 posted on 03/18/2002 10:01:10 AM PST by Cu Roi
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To: Jaded
Funny how what Rick Roberts said, that was dismissed as rumor, turned out to be true.

No, it's not funny, it's sad. Sad for the family and the children. Sad that the lack of moral compass in that home has distracted the world from the problem of pedophile predators. Sad that other children will be used, abused and slaughtered while the world goes on obsessing about the parents and not do anything about predator control.

33 posted on 03/18/2002 10:08:16 AM PST by Valpal1
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To: Jaded
What happens when there is no DW DNA found in Danielle's room, there is no indication he was in the house.

Well, I would say...dna evidence found in rv would still weigh heavily.. What about those pesky closet doors? I read somewhere they took the sliding glass doors too but I can't find the source..help?

If he was busy flinging her to and fro, where is the rest of the DNA evidence in the RV,
AH, but not all evidence was revealed yet!! I would be concerned if they had nothing else though.

where is the evidence in the 4Runner? Oh and BTW the plastic/drop cloth theory is a little noisy.

No clue and if she was taken late late into the night...it's doubtful people would hear it outside..anyway. dragging using a plastic tarp/drop cloth is a loud noise, but not loud enough for someone with a closed window to hear. (we've used them in the past to transport large piles of leaves) Ithink that if though I mentioned that before, it's flemsy cuz it's doubtful that he planned on using it, therefore more than likely didn't take one with him..OTH, he could have easily put one on the floor in his rv..

34 posted on 03/18/2002 10:08:52 AM PST by Freedom2specul8
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To: Valpal1
No parental lifestyle goes uninvestigated in the abduction/murder of a child. Family, particularly parents are always the first suspects, always, because statistically, they are the most likely perps. The VD's were investigated, and apparently some LEO blabbed all over the air to Rick Robert's. But LEO came to a different conclusion about who the offender really was. What little info that has been released leads me to believe they are correct.

This is a very good point, and it's the first time I have yet seen it raised. Those parents bug me, but they have stepped up to the plate under very difficult circumstances and are apparently cooperating with the police. If this was not the case or if they were a target of the investigation, that LEO that narced to Rick Roberts would most likely have come forward already.

35 posted on 03/18/2002 10:11:05 AM PST by Cu Roi
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To: Cu Roi

Police comb digital files in pursuit of evidence


By Kathryn Balint
UNION-TRIBUNE STAFF WRITER

March 18, 2002

As San Diego police began focusing on David Westerfield in connection with the kidnapping – and, as was later discovered, death – of Danielle van Dam, they looked in the places that so frequently hold clues to crimes: his computers.

The Digital Age has taken police forensics far beyond fingerprints.

Police now routinely seize computers in serious crimes. Increasingly, evidence from those computers becomes part of court proceedings, as it did last week when prosecutors presented evidence they said points to Westerfield as Danielle's kidnapper and killer. Westerfield has pleaded not guilty to charges of kidnapping, murder and possession of child pornography.

Last week's preliminary hearing shed light on how police go about examining a suspect's computer and what they look for.

On Feb. 4, two days after Danielle was found missing from her Sabre Springs home, San Diego police Detective James Watkins, a computer-forensics specialist, showed up at Westerfield's home with a search warrant to examine his computers.

In his job with the San Diego Police Department, Watkins needs to know as much about computers as about criminal investigations.

Retrieving evidence from a computer requires special care by someone with proper training. Digital files, Watkins testified last week, can be "altered or damaged or cease to exist if not handled correctly."

Computer forensics experts ferret out photos, Web sites, e-mail and digital files believed to have been deleted. Any of that information can help solve a crime, or explain a suspect's motives or state of mind.

In the wake of the Sept. 11 terrorist attacks, investigators followed the conspirators' electronic trail from libraries in Florida to major Internet service providers across the country.

The digital evidence revealed the terrorists had booked airline tickets online, used the Internet to learn about the aerial application of pesticides and exchanged e-mail.

Among the cases in San Diego County in which computer evidence has played a role:

l The prosecution of Michael Craig Dickman, the "Gap-Toothed Bandit" who was sentenced to nine years in prison last year for robbing six banks around the county. Computer-forensics investigators found copies of his demand notes on his laptop computer.

l The conviction of Arthur Gerardo and Valerie Beidler 1-1/2 years ago for the torture and murder of a roommate who helped them make fake identification cards and forge checks. A computer seized from their house contained pictures of checks and driver's licenses that had been scanned, then altered.

l The ongoing case against Charles "Andy" Williams, the teen-ager who is awaiting trial on charges of killing classmates Randy Gordon and Bryan Zuckor and wounding 13 others at Santana High School last year. Williams' computer was seized as part of the investigation.

Westerfield, 50, a self-employed engineer, had four computers – three desktops and a laptop – at his home in addition to a Palm handheld computer, Watkins testified.

On his visit to Westerfield's home, two houses from where Danielle lived, Watkins was accompanied by computer specialist Lee Youngflesh of the FBI's regional computer forensics laboratory.

The San Diego-based facility was the first of its kind in the nation, and has been used as a model for other such laboratories across the country.

Watkins and Youngflesh brought with them the tools of their trade, including a field imaging device that can make copies of computer hard drives.

One of their first tasks at Westerfield's house was to disassemble the computers and remove the hard drives, which is where all of a computer's files are stored. Then they copied the data on Westerfield's computers onto extra hard drives they brought with them.

Digital information can be copied perfectly, unlike, say, a photocopied letter or a tape of a prerecorded song. That way, the forensics exam can be done on the digital copy so that the original is left intact.

Watkins said he and Youngflesh reassembled Westerfield's computers and made sure they were left in working order. They also copied data from Westerfield's handheld computer.

Afterward, they searched the house for other computer-related items, such as a list of passwords or other media on which computer data can be stored. In this case, Youngflesh found three Zip disks and three CD-ROMs in an envelope on a bookcase, Watkins testified.

Copious review

Once back at the office, the real work began: poring through thousands of files. In an era in which a typical hard drive holds 20 gigabytes of information, that can be a daunting task.

Twelve gigabytes of text, for example, would stack 24 stories high if printed out.

Westerfield's computers contained about 64,000 photo files and 2,200 video clips, Watkins said.

Investigators had to sift through them to find the 100 or so files they deemed relevant to the case.

Just as police testified that Westerfield's house was in immaculate order, so were his computer files, Watkins said. Westerfield neatly organized his digital data – including pornographic photos – in computer folders, and folders within folders, the detective testified.

With so many files to sift through, what investigators look for first is dictated by the nature of a crime. In this case, they were looking for files containing child pornography, which a prosecutor said points to a motive for the crime: sexual assault.

Watkins said he found less than 100 "questionable images," including those he said that may have depicted minor females engaged in sex acts or posing nude in a sexual manner.

Two of the files he said he retrieved were cartoon animations of an act of rape. Eight more photos also entered into evidence were supposedly of a girlfriend of Westerfield's and her teen-age daughter in a bikini in suggestive poses.

Unlike handwritten notes, computer data contain embedded information noting when a file was created, when it was modified and when it was last accessed. That can give investigators valuable insight into timing.

Deleted, hidden files

Computer forensics goes beyond plowing through the obvious "active" files on a computer. Investigators also look at "deleted" files.

Many computer users do not realize that simply deleting a file does not make it disappear forever. In most cases, hitting the Delete button erases the file from the directory, but the underlying data remain on a disk until the computer writes over it.

Watkins was able to resurrect some files that had been deleted from the Zip disks, he said.

Another routine check he said he performed on Westerfield's computers was to see if any files were disguised with "bad signatures." That is when a file extension, such as .doc or .mp3 or .jpg, is changed to hide the true nature of the file. For instance, a .jpg file, which denotes an image, could be changed to .mp3 to make it appear to be a music file.

Watkins testified that he found no such attempts to disguise files in Westerfield's computers.

While the fact that a file was found on a specific computer or disk may be indisputable, who actually created it or viewed it is often not as concrete.

Westerfield's attorney raised questions about who downloaded or created the files on his client's computers. In court, he suggested that perhaps Westerfield's grown son or a house guest may have done it.

"You don't know who downloaded those photos onto the Zip drives or CD-ROMs, do you?" Watkins was asked.

"No, sir, I don't," he replied.


36 posted on 03/18/2002 10:16:56 AM PST by FresnoDA
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To: ~Kim4VRWC's~
Sure, immaculate after steam cleaning.
37 posted on 03/18/2002 10:18:17 AM PST by crystalk
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To: ~Kim4VRWC's~

Those parents bug me, but they have stepped up to the plate under very difficult circumstances and are apparently cooperating with the police.

WHAT??????????????  Are you trying some of Brenda's "Maui-Wowie"??  The VD's cooperation, "as you describe it" has more changing story lines than a High School Drama.....

Brenda VD had numerous "misclarifications/lies" in her testimony.

And good old Damon VD had 4, count um' different accounts for when he got up during the night, where the "Stealth Dog" slept and whether or not Danielle's Bedroom door was opened or closed.....

Stepped Up to the plate???  More like Drug to the inquisition, IMO......


38 posted on 03/18/2002 10:21:54 AM PST by FresnoDA
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To: ~Kim4VRWC's~
I speculated that maybe the dragging scene was to get as little blood on his clothes as possible.

I specualte that the dragging marks are spurious to the case and was the defense just muddying the waters. We have no information on the actual analysis of the drag marks or other blood. We have testimony about the dog's nose bleeding. Latent blood is in everyone's home, from various cuts, scrapes and nose bleeds. A leaking trash bag would cause dragmarks and blood drips from meat trays.

I am more interested why the prosecution introduced and the judge allowed non-pornoghraphic images of the "other Danielle" as evidence of motive. That was ground work for a very hinky motive. Lots of very interesting bits are ignored and lost in sensalization of the "swing" angle.

39 posted on 03/18/2002 10:23:23 AM PST by Valpal1
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To: crystalk

The VD's had an unusual line of home defense....

instead of a loaded pistol or shotgun by the door (?)  the VD's kept a STEAM CLEANER and VACUUM, poised and on the ready for those "unwanted" spills......

After all, "cleanly-ness is next to godliness...."


40 posted on 03/18/2002 10:25:08 AM PST by FresnoDA
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