Prosecution spent $270,000 on Westerfield case

San Diego Union Tribune ^ | 2/6/03 | San Diego Union Tribune

[Jaded]

SAN DIEGO – The District Attorney's Office spent nearly $270,000 prosecuting David Westerfield, including thousands for DNA analysis and expert witnesses, it was announced today.

Westerfield was sentenced to die for the February 2002 killing of 7-year- old Danielle van Dam.

The former Sabre Springs resident and neighbor of the victim is now on death row at San Quentin.

According to figures the District Attorney's Office released, more than $35,000 was spent on experts for Westerfield's trial, and more than $146,000 on DNA analysis.

More than $62,000 was spent on a telephone survey and a jury questionnaire review.

[Jaded]

Check this out.

[Jaded]

Ping

1500+ was getting a little long.

[demsux]

666 alert

[spectre]

$146,000 on DNA analysis? They sure looked at alot of stuff didn't they? I don't remember there being that much evidence, tho?

Just my 2 cents...:~)

[spectre]

Opps...MORE than $146,000. How much more?

sw

[demsux]

I thought they had their own lab?

[Jaded]

Here's the updated version:

By Alex Roth
UNION-TRIBUNE STAFF WRITER
5:40 p.m., February 6, 2003

Prosecutors spent nearly $270,000 convicting David Westerfield of kidnapping and killing 7-year-old Danielle van Dam, according to the San Diego District Attorney's Office.

The office couldn't say where the Westerfield case ranked in comparison with the cost of other high-profile San Diego criminal cases in recent years.

A spokeswoman for District Attorney Bonnie Dumanis, who took office in January after defeating incumbent Paul Pfingst, said this is the first time the office has released such figures.

Death penalty trials are usually the most expensive to prosecute because of the legal complexities. These cases often have two phases: a guilt phase and a penalty phase.

The final figure of $269,746 doesn't include the salaries of the prosecutors and district attorney investigators involved in the case. It also doesn't include the money spent by police and other law-enforcement agencies who investigated the girl's abduction from her Sabre Springs bedroom in February 2002.

San Diego police declined yesterday to detail their expenses pending a request for the information under the state public records law, which the Union-Tribune has submitted.

Chief Deputy District Attorney Mark Pettine said the final cost wasn't terribly high considering the enormous amount of scientific investigation involved in the case.

"We're also talking about the murder of a a little girl," he said. "How do you put a price tag on that?"

The biggest expense for prosecutors was DNA analysis, with the office spending $152,712, according to the figures. They also paid more than $62,000 to a jury consulting firm and more than $14,000 to a single expert witness – Bill Rodriguez, a forensic anthropolgist who provided an opinion about the girl's time of death.

The office spent thousands of dollars on meals, air fare and lodging for various witnesses.

Westerfield, a self-employed design engineer, was sentenced to death Jan. 3 for kidnapping and murdering the girl, who lived two doors away. He is being housed on death row in San Quentin State Prison outside San Francisco.

Westerfield, who sold his house to help pay his legal bills, ran out of money before the trial started. His legal bills were paid from public funds from that point forward.

The cost of his public defense has been ordered sealed by Superior Court Judge William Mudd. The Union-Tribune has asked the 4th District Court of Appeal to unseal those costs, but the appellate court hasn't yet ruled on the issue.

[Jaded]

They also paid more than $62,000 to a jury consulting firm and more than $14,000 to a single expert witness – Bill Rodriguez, a forensic anthropolgist who provided an opinion about the girl's time of death.

They have got to be joking. Paid 14K for Rodriguez.

[spectre]

"How do you put a price on that?"

Errr..Bush seems to think that malpractice suits, which could include loss of life, is worth $250,000 Max.

Natch, the lawyers are unhappy campers.

sw

[demsux]

Paid 14K for Rodriguez.

Didn't he say she could have died in January?

[countess]

More than $62,000 was spent on a telephone survey and a jury questionnaire review.

Hey, nothing like a custom-crafted jury to get you the verdict you want! Too bad Pfingst couldn't do this with the entire electorate.

[demsux]

I wonder if they ever did test the DNA from the course black hair found on her body...would love to see it checked against Avila, Rowland and Whitmore.

[demsux]

Oh, and Andy Kemal

[Commander8]

I don't mind that much money being spent putting away a sleazebag childkiller and putting him down like the sick animal he is.

[JudyB1938]

I am willing to accept the fact that man is guilty.

I am NOT willing to accept the selective testing of evidence.

[Jaded]

Others are just fine with it. Infact, others appaud minimum effort of the state of Kalifornia.

[demsux]

Here's a question for ya: I know that Barbara Easton was not called to testify, but why did she request not to be photographed? AND why did mudd consider the request?

The other pizza party people had to show their faces.

[Jaded]

Hmmm, I don't know. Maybe she has her reputation to think of? In the distance shot of her she looks rather like Howard Stern.

[demsux]

BTW, here are some UNDISPUTED FACTS: (hourly post time)

The parents lied to and misled police for the first 17 + hours after their daughter was reported missing....(Parents admitted on the stand to lying...TESTIMONY

A 60+ pound dog AND alarm system in the home...Fact..TESTIMONY

TESTIMONY revealed that the Van Dams were involved in wife swapping, with at least one occassion taking place in the master bedroom, just down the hall from Danielle's bedroom.

Damon Van Dam admitted having sex with Barbara Easton at Easton's apartment...Damon also admitted that Barbara Easton came up to the master bedroom, got on the bed and "cuddled" with Damon at about 2:00 am ON THE NIGHT DANIELLE DISAPPEARED....TESTIMONY

Two people at the bar, Cherokee Youngs (female) and Ryan Tyrol (male), complete strangers to the Van Dams, testified, under oath, that Brenda Van Dam invited them back to the Van Dam home ON THE NIGHT DANIELLE DISAPPEARED...they felt that it was for sex...btw, either Barbara or Brenda asked Cherokee "if she liked girls?"...TESTIMONY

The Van Dam's drug dealer and his ex-brother in law came over to the Van Dam home at about 2:00 am, after the bar closed...TESTIMONY

The bug evidence indicated that the body was placed at Dehesa Rd. closer to Feb. 15-16, than Feb. 2-4. Westerfield was under constant surveillance BEFORE the 4th...TESTIMONY by the man the prosecution originally had.

The lead detective was "not aware" that blood was discovered in the Van Dam stairwell and garage, until the preliminary hearing...TESTIMONY

A spent bullet shell casing was found on the floor of the girls room one day after the room was thoroughly searched...TESTIMONY

NO evidence of Westerfield in or around the Van Dam home...TESTIMONY

Unmatched DNA mixed with Danielles DNA on the cuff of her pajama's. Westerfield excluded...TESTIMONY

Unidentified fingerprint on bannister in the Van Dam home. Westerfield excluded...TESTIMONY

Unidentified hair on Danielle's body. Westerfield excluded...TESTIMONY

Pot use and drinking by the parents on the night Danielle disappeared...TESTIMONY

Location of body: somebody wanted this body found...not buried or hidden...an illegal dumpsite...more like a serial killer...Westerfield was all over the county and desert and could have buried her in the desert...CONCLUSION with merit.

International child porn ring broken up at virtually the same time as this event, with one of the perps living within walking distance of the bar, in POWAY...FACT but not testimony

[CW_Conservative]

More than $62,000 was spent on a telephone survey and a jury questionnaire review.

Feldman mentioned in his closing argument that some of the jurors noted during the selection process that they disagreed with the OJ jury and thought their verdict was wrong.

I wonder what they would think if they knew that the same lady(Jo-Ellan Dimitrius) that help OJ's lawyers pick that jury, was paid 62,000 to help the prosecution select them.

Dimitrius, along with Judge Mudd, are most responsible for this attempted kill. Mudd coddled that jury like a grandpa playing with his grandkids.

He needed to make sure that none of those jurors had their soon-to-be-forthcoming mental and/or emotional breakdown during the trial.

[~Kim4VRWC's~]

Jaded posted this in the smokey back room.

Here's the article if you don't want to go there.

SAN DIEGO – The District Attorney's Office spent nearly $270,000 prosecuting David Westerfield, including thousands for DNA analysis and expert witnesses, it was announced today.

Westerfield was sentenced to die for the February 2002 killing of 7-year- old Danielle van Dam.

The former Sabre Springs resident and neighbor of the victim is now on death row at San Quentin.

According to figures the District Attorney's Office released, more than $35,000 was spent on experts for Westerfield's trial, and more than $146,000 on DNA analysis.

More than $62,000 was spent on a telephone survey and a jury questionnaire review.

[tetelestai]

Thanks for the ping Kim

[~Kim4VRWC's~]

You're welcome.

[The Other Harry]

Thanks for the ping from here also. Kim.

The total cost -- call it a million bucks, give or take -- doesn't seem excessive. Some of the individual lines do seem rather high, however.

It's interesting that some of our Freepers still won't give it up. The guy is guilty.

It's also interesting that Mudd won't release the cost of Westerfield's defense. It would seem like that's a basic "public right to know" item.

I have a crime story from Virginia I may post tomorrow. Things posted at this hour often seem to get lost.

[demsux]

15 Q. Sir, having read that document, did that now 16 refresh your recollection as to a portion of your interview 17 with officer Redden?

18 A. Yes.

19 Q. It's correct, is it not then, that officer Redden 20 was asking you questions concerning your activities on the 21 night of February 1st, correct?

22 A. Yes.

23 Q. And he specifically asked you whether you were 24 drinking anything that night; isn't that true?

25 A. Yes.

26 Q. And you told him you had two beers with dinner 27 and you thought you had one more playing video games; isn't 28 that right?

page break

1 A. Yes.

2 Q. Then he asked you whether or not you had any 3 drugs that night, didn't he?

4 A. Yes.

5 Q. And you said no, didn't you?

6 A. Yes.

7 Q. That wasn't true, was it?

8 A. No.

So Damon lied to the "lie detector" interviewer, Redden...wonder if Damon passed the test?

[countess]

Well, it's one thing to tell a lie and another thing entirely to leave your garden hose unrolled.

[Jaded]

Well, I thought I might take a break from serving the President and check in.

I guess it all depends on what your definition of lie is. They do say, however, that pathological liars can pass a poly with flying colors. It seems that the good Mr. Redden had already predetermined the results of the tests anyway.

Garden Hose- don't leave home with out it. No, no, that's not right.... Don't leave home with it out.

[demsux]

And don't ever, ever let 'em see you sweat...

[BARLF]

mark

[bvw]

set

[demsux]

GO

[Jaded]

matthew

[~Kim4VRWC's~]

Sorry I didn't reply to you.. I got distracted and then forgot!

I couldn't believe how much they spent on DNA anaylis..wow..I had no idea it cost so much. I wonder if that included the displays used in the courtroom. had too..

[I. Ben Hurt]

matthew??

luke?? John??

[~Kim4VRWC's~]

This has to be a form of logical analysis. :)

[Jaded]

Oh, speaking of pray for our troops... try this...It's the Presidential Prayer Org's Adopt a solidier program. You can pick a specific person from a specific branch of the military to pray for, or a division.

Adopt a Troop

[BARLF]

Q: DID YOU TAKE ANY KNOWN SAMPLES OF CARPETING WHILE YOU WERE IN THE HOUSE AT THIS TIME?A: YES, I DID.Q: DESCRIBE THAT, PLEASE.A: I PLUCKED CARPET FIBERS FROM THE VICTIM'S BEDROOM. SO I JUST SAT IN THE MIDDLE OF THE FLOOR AND REACHED ALL AROUND ME AND PLUCKED CARPET SAMPLES FROM ALL OVER THE BEDROOM.

Savage testimony(by Clark) about gathering carpet samples from DvD's bedroom on the 5th. of Feb. (2nd. evidence search)

If Savage just sat in the middle of the room and plucked carpet fibers how did she miss the shell casing? Or did she? Did she just consider it not revelant to the missing Danielle? At this point in the investigation how could they know what was and what wasn't revelant to a missing Danielle? Especially Savage,an evidence gatherer.

[countess]

lather

[demsux]

Dorie Savage, being questioned by Feldman:

21 A. No. I saw the blood in the doorway to the 22 garage, and the drag marks further south along the sidewalk 23 on the same side of the house.

24 Q. I'm sorry. You said along the sidewalk; is that 25 right?

26 A. Right. The sidewalk behind the gate along the 27 side of the house.

28 Q. Okay. With regard to the blood 408 1 stains -- I'm sorry -- with regard to the possible 2 blood stain that we just identified as 1 on the chart I 3 showed you, I forgot to ask you whether you did a Hemastix 4 test.

5 A. I did not.

6 Q. Did anybody, to your knowledge, attempt to 7 determine whether or not that red spot that was three 8 inches in length was blood?

9 A. Not to my knowledge.

Blood in the garage of a missing girl's home is not tested?

SDPD is either corrupt or incompetant. I personally think they are corrupt, but either way this exchange definitely shows a pattern of ignoring evidence AT THE CRIME SCENE (along with the shell casing, drag marks and unidentified print and dna IN THE GIRL'S ROOM).

[demsux]

Swingers' club patrons sue BSO over raids, arrests in '99

BY NOAH BIERMAN

nbierman@herald.com

Four years after masked sheriff's deputies exposed Broward County's salacious swinging subculture to a national audience, the men and women in the clubs are suing the raiders of the private clubs.

''They were subject to numerous newspaper articles. They were subject to notoriety that they didn't bring to themselves,'' said Daniel Aaronson, part of a legal team representing two couples arrested in the raids. ``They believe they were wrongly arrested and their lives were put in disarray for no reason.''

Lawyers have filed a total of five lawsuits, on behalf of 10 people, against the Broward Sheriff's Office or individual deputies involved in raiding two swingers' clubs in January and February of 1999. The consenting adults want money for the humiliation they suffered. Three of the suits were filed within the past five weeks and all but one is in federal court.

The men and women are among 55 club patrons and employees arrested on lewdness charges by masked deputies carrying automatic weapons. None was found guilty of a crime and most of those arrested had their cases dropped by prosecutors.

Still, the arrests helped Jay Leno add a few jokes to his opening monologue. They gave 48 Hours viewers a scintillating reminder of the go-go 1970s, Broward County-style. And they created a stir in South Florida workplaces, forcing some people to leave jobs, accept transfers or avert stares.

Among the plaintiffs: Tonya Whyte, who claims she was put on administrative leave from her teaching job and that the state tried to decertify her. The plaintiffs also include Raymond Lynette Hall, both in law enforcement at the time of the arrests.

Teams of sheriffs deputies raided two clubs four years ago -- Trapeze II in Fort Lauderdale and Athena's Forum in Pompano Beach -- using undercover officers who wore towels and watched men and women take their clothes off and perform sexual acts.

Four of the 10 people suing admit they had sexual contact in the clubs.

Their lawsuits claim deputies made false arrests, because a judge ruled that someone other than a police officer has to be offended by allegedly lewd behavior to make it a crime. One couple, Lloyd and Alyse List, claim their rights were violated when deputies searched their personal belongings, including a locker assigned to Lloyd List.

Sheriff Ken Jenne's public information office was closed Monday and there was no comment from BSO about the lawsuits. After the raids, in a July 2000 interview, he said they were ordered by a subordinate without his knowledge.

The sheriff's office had conducted a similar raid in 1997, arresting 17 people at a club called Pickles. Two patrons sued the sheriff's office and settled for $5,000 and $6,000.

The 1999 raids became a cause celebre for the swinger culture, with a report in Playboy magazine and chatter on the Internet. Trapeze owner Alan Mostow's story was featured in a Hustler magazine story titled ``Revenge of the Florida Swingers.''

Beverly Pohl and Bruce Rogow, representing Jenne and the deputies, say the current batch of claims do not amount to false arrests. The deputies who made the arrests had probable cause to believe the men and women were breaking the law, Pohl said.

Although some of the plaintiffs denied sexual activity, officers consistently and explicitly described sexual activity in every case, she said. And even if they weren't engaging in sex, being in a lewd club is enough probable cause for an arrest, Rogow said.

Pohl and Rogow make an especially ironic defense team for the sheriff.

In the early 1990s, they sparred with former Broward County Sheriff Nick Navarro over the rap act 2 Live Crew, whose performances and records were labeled obscene by the former sheriff. Rogow sided with the rap group back then.

Pohl said this case is different: ``We made an assessment and felt that the sheriff has the better legal argument.''

[demsux]

I just was lurking on the Peterson thread and am amazed at the parallels with the VD "abduction".

On that thread, people are accusing the husband of killing his wife because of the following:

Lying to police.

Not showing "real" grief.

Selling a car.

Having sex with at least one other woman.

Being the last one to see her alive.

Having a dog for protection.

Man, all this "evidence" cetainly mirrors my, and some other's, thoughts about Damon Van Dam...how ironic that those who were unwilling to consider Damon a suspect, now accuse Peterson, DUE TO THE SAME CIRCUMSTANCES.

I'm not saying Peterson is innocent, quite the contrary, I think he is involved in Laci's disappearance, just as I thought these same particulars pointed towards Damon's complicity.

[Jaded]

Here's the pop quiz?

Who was their own alibi? Damon Scott David

Who sold their vehicle? Damon Scott David

Who tried to do something with their home? (sell or remodel) Damon Scott David

Who lied to LE? Damon Scott David

Who tried to alter their appearance? Damon Scott David

Who took a polygraph and was verified to have done so by LE? Damon Scott David

Who will get away with his crime? Damon Scott David

Who used/had viagra? Damon Scott David

Who had sex with someone other than their wife? Damon Scott David

Who ignored/injured their dog? Damon Scott David

Who is sleazy? Damon Scott David

Who shut up the fastest? Damon Scott David

Who acted all cocky? Damon Scott David

Who only answers questions they consider "relevant"? Damon Scott David

Who makes a camera show of searching for his loved one? Damon Scott David

Who has convoluted stories about cuts and magnets? Damon Scott David

Had some help with the questions. Thanks all. It's odd how the same things are perceived with different people, innit?

[spectre]

Good job, Jaded. Excellent observations.

ALL sooo true.

sw

[Rheo]

So there were 2 blood spots in garage?...in doorway and the other one?

Annette Peer tested the garage floor blood and it was human with inconclusive results....but I don't recall that spot being in the doorway.

[countess]

It's too bad Scott didn't settle down with the wife in his own hometown. The cops there are much quicker at finding someone to blame.

[juzcuz]

You know what gets me---

That Nancy Grace etal are coming on TV. in the Laci case and saying that Scott should not be trusted because he had an affair, and lied about it- and his comings and goings..

Well, the Van Dam's did the same thing. They lied to the police for a long time about sex, drugs, and swapping relationships and their comings and goings. But yet, The Nancy Graces' told us that we needed to believe in the VD's, inspite of those facts.

The ultimate in Television Hippocracy

In this case I believe that Scott probably did do it. However, I still believe that Damon knows more about what really happened to Danielle than anyone else.

[demsux]

I may be wrong, but I don't think so.

[spectre]

Agree, and like Scott, Damon was the last one to see Danielle.

sw

[bvw]

Their lawsuits claim deputies made false arrests, because a judge ruled that someone other than a police officer has to be offended by allegedly lewd behavior to make it a crime.

Interesting line of demarcation, not a good one either.

[bvw]

The Court TV fans of Nancy Grace have the memory of fleas.