Witnesses picked for Westerfield penalty phase ( SBR penalty Watch).

San Diego Union-Tribune ^ | 2002-08-27 | Alex Roth , UT Staff

[dread78645]

The judge in the David Westerfield case said yesterday that he has decided which prosecution witnesses will be allowed to testify at the penalty phas e of the murder trial, but he refused to be specific.

Superior Court Judge William Mudd made his announcement following a closed-door hearing with the lawyers. He didn't identify the witnesses or the nature of their testimony. He simply said some prosecution witnesses "will testify, others will not".

Westerfield was convicted last week of kidnapping and killing 7-year-old Danielle van Dam. She was discovered missing from her bedroom Feb. 2; her body was found more than three weeks later in a brushy area off Dehesa Road in East County.

Tomorrow, the jury will begin hearing evidence on whether the 50-year-old Sabre Springs design engineer deserves the death penalty or life in prison without parole.

Westerfield's lawyers objected to some, if not all, of the prosecution's witnesses. They also opposed airing a videotape of Danielle, which the judge will allow.

Westerfield's lawyers raised constitutional challenges to the death penalty. The judge said he will consider those arguments at a hearing today when he also is scheduled to decide whether to disallow still photography during the remainder of the trial.

The issue arose after a Union-Tribune photographer took a picture of Danielle's parents in the courtroom gallery as the jury returned its guilty verdicts.

The judge said photographer Dan Trevan violated a court rule that prohibits photographing spectators. The newspaper says the van Dams weren't spectators but witnesses who testified during the trial and who have been photographed frequently inside and outside court.

---

Following path of other parents, mother of Danielle van Dam creating foundation

SAN DIEGO --Following the path of other parents of murdered children, the mother of 7-year-old Danielle van Dam is creating a foundation to promote child safety and preserve the memory of her daughter.

Brenda van Dam hopes to have the foundation running by Sept. 22, which would have been Danielle's eighth birthday.

"With all the other missing children, we felt there's got to be something we can do," said Susan Wintersteen, a van Dam family friend who is helping to organize the effort.

Danielle's parents are prohibited by a gag order from speaking to the news media about any issue related to their daughter until after the sentencing of David Westerfield.

A jury on Aug. 21 convicted Westerfield of kidnapping Danielle from her bedroom and killing her in February. The penalty phase of the trial is scheduled to begin Wednesday.

Brenda van Dam and five friends met over the weekend at Wintersteen's home, not far from where the girl was kidnapped, to work on the details of what is to become the Danielle Legacy Foundation.

Modeling their group on Mothers Against Drunk Driving, they plan to use the network of volunteers who helped in the search for Danielle to promote child safety and promote programs like the nationwide Amber Alert system, Wintersteen said.

The system, named in honor of Amber Hagerman, a Texas girl killed in 1996, is a way of quickly disseminating information about a missing child through news media and other outlets. It's used in more than a dozen states.

The San Diego effort follows other advocacy and safety groups born out of tragedy. They include the Laura Recovery Center, named for Laura Kate Smith, murdered in Friendswood, Texas, in 1997. The group fields volunteer searchers in child kidnapping cases.

Laura Recovery coordinated thousands of searchers after Danielle was reported missing Feb. 2. One of the volunteers found her body along a rural road nearly a month after the abduction.

Marc Klaas created the Klaaskids Foundation, after his daughter, Polly, was kidnapped and murdered in Northern California in 1993. Another group is named for Carole Sund, who was killed with her daughter, Juli, and the girl's friend Silvina Pelosso while they were visiting Yosemite National Park in 1999.

"A lot of families tend to start an organization in their loved ones memory, so there are a lot of them out there," said Kim Petersen of the Carole Sund Carrington Memorial Reward Foundation, based in Modesto. "It can be very healing."

It can also be very difficult. Foundations trying to raise donations often find themselves competing with similar efforts or overshadowed by larger o rganizations, said Klaas, who lobbies, speaks on child safety and helps other groups.

Still, "There's always room for innovation, for fresh new ideas," Klaas said.

Wintersteen, whose daughter was in school and Brownies with Danielle, said one of the group's first efforts will be to distribute identification kits that parents can use to set aside their child's fingerprints, DNA and a recent photo.

Investigators had to scramble to collect such identifiers when Danielle disappeared in February.

"We still feel there is change that needs to be done," Wintersteen said.

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Mudd rules some prosecution witnesses will be allowed to testify, and that the music video produced of the victim will be shown to jury over defense objections

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[dread78645]

Music video ? WTF ? over.

[MagnoliaMS]

I second that WTF? More PR???

[nycgal]

Thanks for the ping, dread. Will be checking here in the AM to follow the discussion of the testimony in the penalty phase.

[MagnoliaMS]

I'm just as glad I won't be around a TV to watch this circus tomorrow, at least until about 1:00 Pacific time. Hopefully I will have missed Brenda and Damon's crocodile tears by then. If not, I will have to turn the TV off. I can't take it. Nor can I take any more of Nancy Grace.

I hope the Van Dam's and their PR firm are enjoying their 15 minutes of fame. There may be more fame to come than they would have ever wished for, if and when the truth ever comes out.

[TheSpottedOwl]

Susan Wintersteen's family should disown her.

[Jrabbit]

I hear that the video of Danielle will end with her waving goodbye as the video fades to black. The VD's and Co. probably had a Hollywierd producer for it.

[Greg Weston]

The truth about what??

[Jrabbit]

Looks like you're being stalked. If you ignore him he usually goes away to disrupt other threads.

[Greg Weston]

Actually this person asked me something first a few minutes ago on another thread. Do you mind?

Are you in mourning over your main man Westerfield being found guilty of what he did to Danielle?

[MagnoliaMS]

Stop being an ass, if that's possible. You know exactly what I mean. There's a world of crap that hasn't seen the light of day in this case yet. Defend the VDs if you wanta. That's fine with me. And I will continue to say that a case again DW has NOT been proved beyond a reasonable doubt. For that matter, anywhere NEAR beyond a reasonable doubt. You get your jollies trying to upset the other side in this, but let me tell ya, Greg, you don't bother me one teeny, tiny bit. I still keep hoping a glimmer of truth might penetrate that so-called brain of yours yet.

[Greg Weston]

Well you let me know when this world of crap comes to light that shows your boy Westerfield didn't do this. And if you do bring it to light I'm sure it will be total crap.

Did you see Bill O'Reilly tonight? He had a somewhat funny segment on there about the Van Dam case and about wacky people who fail to see what is plainly right in front of their face. They will replay it later on...Check it out and see if you can recognize some of the people O'Reilly is talking about.

[MagnoliaMS]

Thanks, JR. I appreciate your advice, but I'm a big girl and can take care of myself against the Gregs of this world. LOL. There's hope for all of 'em, bless their little hearts.

Love ya. Miss ya. ;)

[MagnoliaMS]

Sorry, Greggie, I don't watch O'Reilly any more. I think he's a little "wacky" himself.

Isn't this fun? What say we choose one thread or the other to berate each other on. Your choice. We have 15 minutes, then I'm calling it a day, no matter who has the most points. Looking forward to meeting up with you tomorrow, though!

[Jrabbit]

LOL-My hat is off to you! You go girl:)

[Jaded]

Hey, Greg read the transcripts. CTV is really not a reliable source.

[~Kim4VRWC's~]

The hearing has started.. wednesday 11:10am cst

[TheSpottedOwl]

That's sick and totally unneccesary. A music video for chrissakes.

[Guenevere]

Why is Feldman saying "we accept the verdict"....

...Please, I am asking The Spotted Owl, UCANSEE2, Jaded, wirestripper, or Spectre to answer this.....and NO ONE ELSE.

[Jaded]

I would imagine because any other statement would get an objection by Dusek. It's not about guilt or innocence at this point anyway.

[Guenevere]

#19..Thanks Jaded...

I don't understand the legal jargon.
....Isn't Feldman going to appeal?
..Saying he accepts the verdict sounds weird to me, if he dosn't really accept the verdict.

[Guenevere]

I'm sorry, I meant to include you in post #18.

[Mark was here]

I believe he also said they did not agree with the verdict..
I'm not sure I thought that is what I heard him say

I know it wasn't addressed to me...

[Jaded]

Yes it will be appealed. He can't argue it right now anyway.

[Cold Heat]

The short answer,,,,,,,,,It is the traditional phrase used after a jury conviction. It pays homage to the jury process and the legal system. It is always used at this point in a trial no matter how the personal feelings are.

In short, lawyer speak!

[Guenevere]

#22...I'm sorry, I didn't mean to be picky......I'm just trying to avoid infighting today.
...I couldn't remember all the ones I've been posting to.

I really appreciate your answer.

[Guenevere]

Thank-you all....

So, I guess Feldman has to respect the jury's verdict, but not agree with it....right.

Thanks to you all.....I appreciate it.

[dread78645]

Getting some work done. I've got these threads in background tabs.

Jaded's reply makes sense. A death penalty appeal is automatic in California. Feldman may file other appeals.

[Mark was here]

That is ok, we are all on edge in this forum about the trial.
I do not believe he did it...

[Cold Heat]

So, I guess Feldman has to respect the jury's verdict, but not agree with it....right

Yes, He is a officer of the court. He has a fiduciary relationship with the entire legal system and he is expressing respect. Nothing more.

[TheSpottedOwl]

I don't have cable, there is a little boy missing from his home this morning and that's what local news is showing :(

[TheSpottedOwl]

**It pays homage to the jury process and the legal system.**

I know, but baaaaaaaaarf anyway :(

[UCANSEE2]

mark. Still finishing reading the 'other' thread.

[bvw]

Hahaha! I'll answer that, even though you commanded me not to. Feldman is speaking to the people who gave the verdict and desiring some favor from them. To get a favor you use sweetness. It would not be sweet to them to be told they were wrong!

[Guenevere]

#33...Thanks for your reply.

I didn't mean to imply I was commanding anyone EXCEPT I was trying to avoid replies that would be hurtful or maligning to my question.

[CAPPSMADNESS]

Just finished reading the other thread - Can you believe that I have been accused of "Flaming" and Creaming" another poster.... Me, Of all people, go figure! :)

I missed 90% of what happened today - what is up with the "teeth" business?? Anyone want to fill me in?

[juzcuz]

Teeth-

Don't know all the particulars, yet. But it appears that a 19 year old niece of DW testified in court today that DW came in to her room one night 12 years ago, when she was seven, and put his finger in her mouth. It was said that DW said, his motive was to quiet her down, something to that effect. She said she bit his finger he left the room. She said she reported to mom that uncle Dave made her feel funny, she told her mom about the incident. Her mom talked to Dave about it. Don't know for sure much more than that..

I have a similar incident that happened to me a long time ago. My little girl had another little girl over to sleep I was trying to sleep in the next room. I couldn't because they were still up and making noise. I went in her room, put my finger over my mouth and said: "Shhhhhh", while I leaned over to tell her to be quiet. At the same time she was playing like she was asleep so was her friend. I put my finger on her lips and said be quiet. "She bit me"!!!! playfully of course. Yes, I found my finger on her teeth and in her mouth....

Is it possible that DW's niece, could be blowing this out of proportion? It's possible. Is it possible that they might not like him for some other reason and decided to use this type of incident revenge for something else? That's possible too. Could DW have an innocent explanation for this incident? Yes, he could.

[CAPPSMADNESS]

she waited all this time to say something???

tooth rubbing???

tooth fetishes are not associated with murder/molestation as far as I know.....

[juzcuz]

Police reports--

I wonder why the police reports for the pizza-gag were not taken accurately? I wonder how they could have gotten statements from all those people wrong?

But yet, we are to believe that every word spoken by DW in the police reports were suddenly sooooo very accurate.. HUMMMMMM.....

[juzcuz]

I agree 12 YEARS is way to long and they were all still good buddy's over those 12 years.

Well I can only relate my experience. My finger was sure caught between her two front sharp little teeth.

I don't know about fetishes, except for every now and then I like to eat chocolate...

[Guenevere]

#35...Juzcuz gave a great recap.
..that's pretty much it...
...except to say, Feldman was able to point out the neice was agreeing to say what had been prompted by the policewoman....on the report.

And when the neice's mom was on the stand, she calmly, reasonably gave more credence for the defense by saying the matter was dropped, and her family continued to socialize with the Westerfields for a number of years.

[CAPPSMADNESS]

AHHH...... The DREADED CHOCOLATE FETISH!!!!

THE MOST EVIL FETISH OF ALL!!!!

(at least my hips think so.....)

:)

[juzcuz]

Chocolate--
I like boiled crawfish too. I found out one day that It's not a good idea to mix those two together. That day I understood the dynamics of the mix.

[juzcuz]

Bed Wetting--

What about Dylan 6 years now going back to bed wetting. Today Damon said: "He's reverted back to where he was before". Well, that sure begs the question. How often was Dylan bed wetting before? Today Brenda says: "He's getting better".

We don't know much about their other kids. There was an issue about the child not liking to sleep in the 'car-bed' about 2 years ago. They were trying to sell over the internet.

[Guenevere]

#43....I have no knowledge of this.....
....I listened as much to Damon as I could....but had to mute the dial, he gave me a stomach ache, with his laughing & carrying on.
...The same with Brenda.....I find them both surreal.

I do know little kids will revert to these kind of habits, due to trauma, sometimes.

[juzcuz]

Yea-
I heard Damon say that Dylan wets the bed. Dusek was aking him how he was taking the loss of Danielle. Damon added that "He's reverted back to where he was before." I thought that statement was startling.
Considering that Danielle, according to damons testimony, had potty problems too especially in her sleep. Damon said: " Danielle does a potty dance", she dances in circles and crys, she needs to go to the bathroom but she asleep she can't wake up.
Gees--Even the dog had Potty problems.

Of course we know the parents had POTty problems too, but thats a different story.

[HoneyBoo]

Didn't you find the story Danielle was writing about her grandmother's house being broken into strange? Sounds like a plea for help to me. I know this stuff about DW and the niece is not good, but I can't ignore the red flags the stories about the Van Dam kids raise in my mind.

Also, did you notice that Danielle was taken out of school early on the friday before the disappearance? What's that all about? I'm still wondering if Brenda actually went out for pizza that night. Remember, Damon referred to the pizza as being obtained "at noon."

[juzcuz]

THEY ARE STILL LYING:

They lied today on the witness stand. Have you ever looked the appropriate attire for father daughter dances via internet? I did, the elementary schools that offer that social have pictures of their events. All the little girls dress up in DRESSES. But yet Brenda says she bought Danielle a sparkly TEE-SHIRT to wear with PANTS?? Brenda said the dog was neglected and house bound. Yet today Brenda says that the dog was taken out for walks frequently.

There other things too. I just trying to remember them all.

Yes- Danielle and her two brothers were taken out of school on that Friday to go shopping. They missed school that day. They were going to go to Italy the next week, the kids would have missed more school.

That's 'NOON" pizza. Damon said he watched his wife come home with this neverending pizza that Friday evening. They all ate it but he said they had pizza from NOON.

Don't know about the g-Mothers house break-in. I missed some of that portion today.

[dread78645]

Chocolate--
I like boiled crawfish too.

Strawberries call for chocolate.
Crawdads scream for garlic butter.
Never the twain shall meet.

HTH.

[juzcuz]

I was angry in my last post, but now you've got me laughing.
I did not eat crawfish and chocolate together, but at different times in the same day. Anyway I learned not to do that anymore. Boy, some hot crawfish would be real good right now, you're right with some hot butter garlic and parsley sauce. hum hum hum.....

[dread78645]

Also, did you notice that Danielle was taken out of school early on the friday before the disappearance? What's that all about?

It may be just me but around here, grade-school kids get out at 2:30. You'll have plenty of time to get a photo and then go shopping. I'd think.