Westerfield's Death-Row Letters

San Diego Union Tribune ^ | May 3, 2003 | Alex Roth

[Bug]

Westerfield's death-row letters

Killer claims he was framed for Danielle van Dam murder

By Alex Roth
STAFF WRITER

May 3, 2003

From his cell on death row, David Westerfield spends his time reading murder mysteries and writing letters declaring he was framed for the murder of 7-year-old Danielle van Dam, his Sabre Springs neighbor.

"From the second that the police said that they found dvd's blood on my jacket, I knew I was being set up by one of two groups of people," the former design engineer wrote to one friend. "#1 the police or #2 the parents. My attorneys started to think that I had been involved or was covering for some one. (Neither is true!)"

In response to the accusation in those letters, the county's former top prosecutor yesterday confirmed one of the most explosive stories of the case: that Westerfield offered to lead police to the second-grader's body in exchange for escaping the death penalty. It is the first time former District Attorney Paul Pfingst has commented publicly on the aborted plea bargain.

"He wanted to plead guilty to a lesser charge in return for telling us where Danielle's body was," Pfingst said, "so I am disgusted that this pervert would make such a charge in light of what he did to Danielle van Dam and her family."

Westerfield has been writing to friends since his arrival in January on death row, which he complains is "cold, wet & drafty all the time."

In page after page, he spells out elaborate theories about how he thinks he was framed. He accuses police of planting evidence, suggests Danielle's parents set him up and accuses Pfingst of filing murder charges as a way of increasing his chances for re-election.

The letters provide a rare personal glimpse of the man at the center of one of the most notorious murder cases in county history. The trial was televised live from start to finish, and through most of it Westerfield sat silently next to his lawyers. He never took the witness stand to explain all the forensic evidence – Danielle's hair in his bedroom, her fingerprints in his motor home, fibers linked to the girl found in his sport-utility vehicle.

But in the letters, he touches on many of these topics, including the piece of evidence that prosecutors labeled the smoking gun – the bloodstain on a jacket he dropped off at a dry-cleaning store Feb. 4, 2002, two days after the girl was reported missing from her bedroom. The blood was Danielle's.

Westerfield's explanation: The stain was planted by detectives, who were under pressure to solve the case. He speculates that police obtained a small sample of the girl's blood from a pair of pajamas, mixed the sample with water and then placed it on his jacket.

Westerfield, 51, also says he expects to get a new trial.

"The only people that are of use and need to receive all the information are the 12 people of the jury in the next trial," he wrote in a March 24 letter. "That last one was the worse (sic) example of the justice system I have seen."

One of the letters was sent from Westerfield to John Neal, the brother of Westerfield's second ex-wife. Two other letters were sent to a friend of Westerfield's who gave them to The San Diego Union-Tribune on condition of anonymity. Another friend, who also asked for anonymity, provided excerpts from several more letters.

Deputy District Attorney Jeff Dusek, who argued at trial that Westerfield was a pedophile, was out of the office this week and unavailable for comment. San Diego police Lt. Jim Duncan, who supervised the investigation, called Westerfield's statements "a fantasy story."

"They were still finding evidence when the trial ended," Duncan said. "It's not conceivable to me that someone could plant evidence like that."

Danielle's mother accused her former neighbor of living "in total denial." Brenda van Dam said she still hopes that Westerfield might someday admit his guilt and provide details about when he killed her daughter, whose nude body was found dumped on a roadside in East County three weeks after she vanished.

"Hopefully someday, when he's been in there awhile, maybe he'll have an ounce of decency and tell us," she said.

As with all male death-row prisoners in California, Westerfield, a twice-divorced father of two college-age children, is housed at San Quentin State Prison near San Francisco. And like all death-row prisoners, he lives in a cell by himself. His family has sent him money to buy a television, radio and other personal items. He passes the time writing letters and reading novels, including "The Seventh Sin," a book about a woman wrongly suspected of murder.

In one letter he complained that the prison, which dates to the 19th century, "is cold, wet & drafty all the time." In another letter, he complained that he was sick with the flu but wasn't allowed to see a doctor.

"The facility needs a lot of work," Westerfield wrote. "It is not a good example of California high-tech society. Most of my days are spent reading and thinking about the outside world."

His letters are riddled with grammatical and spelling errors, including references to "trueth" and "innosence."

"I do not believe in coeincidence (sic)," he wrote to a friend March 24. "Either the VD's or the police or both set me up."

Among the theories he advances:

 Pfingst, who was in the middle of what would be an unsuccessful re-election campaign, filed charges because he wanted "to have the case come to completion quickly & with positive results. Once they started down the path they could not turn back without giving up the election."

 The van Dams may have been secretly watching his house and motor home, waiting for the chance to plant incriminating evidence. He speculates in one letter that the couple might have planted evidence after he left on his weekend motor-home journey on the morning of Feb. 2, the day the girl was discovered missing.

"If you look at the timing of my leaving in the MH & their discovery of dvd missing, is it possible that they were in their bedroom looking out their bedroom window waiting for me to leave?"

 Danielle's palm print, which was found in the motor home, might have been planted by the Police Department's fingerprint expert. He speculates that police wanted to frame him to avoid having him sue them for violating his rights. He estimated that he could have won up to $20 million by bringing such a lawsuit.

In none of the letters does Westerfield discuss why he didn't testify at the trial, although he has told friends in the past that his lawyers decided to keep him off the witness stand.

"As far as why the attorneys did what they did, I don't really understand all of it," he wrote March 24. "They kept telling me that I had nothing to worry about because the bug evidence was so obvious."

The reference was to testimony from insect experts hired by the defense, who testified that Danielle's body was dumped at a time when Westerfield was already under police surveillance. Other insect experts hired by the prosecution contradicted the testimony.

He also doesn't touch on the subject of the pretrial plea bargain. The Union-Tribune first reported the story after Westerfield was sentenced to death. The newspaper quoted anonymous sources as saying Westerfield, shortly after his arrest, offered to disclose the location of the girl's body in exchange for a sentence of life in prison rather than the death penalty.

The deal fell through when searchers found the girl's body, sources told the newspaper at the time.

Pfingst's comments yesterday represent the first official public acknowledgment of the aborted plea deal. Pfingst, now a legal commentator for KUSI-TV, said he felt compelled to defend himself against Westerfield's accusation that politics played a role in the prosecution.

"He's singing a different song now than he did when he wanted a plea bargain in return for showing us where he had dumped Danielle's body," Pfingst said yesterday. " . . . He knows full well that his attorney was involved in plea negotiations on his behalf, and for him to now say that he didn't do it is ridiculous."

Westerfield's lead trial attorney, Steven Feldman, couldn't be reached for comment late yesterday.

In a March 7 letter, Westerfield said he was mulling the idea of writing a book. "Everything stated is backed up with documents," he wrote. "I hope you can see what is obvious to me."

In the March 24 letter, he ends by telling his friend he's in the process of documenting all the "witness lies" and "false statements" at his trial. He signs with: "Say hi to everyone that wants to admit knowings (sic) me. Take care. All my best, David."

---

Alex Roth: (619) 542-4558;

Copies of David Westerfield's letters from prison are available online at SignOnSanDiego , the Union-Tribune's Web site, at www.uniontrib.com.

Copyright 2003 Union-Tribune Publishing Co.

[Bug]

No doubt there remain some who'll believe this tripe from a pathetic child killer.

[EllaMinnow]

Good find, Bug!

I expect that quite a few of those who (still) believe him will show up on this thread.

[MEG33]

Westerfield gets his talking points from the ST forum.I watched the trial..Love it that he's not happy with San Quentin.He is a monster.Unfortunately monsters don't wear labels.

[xJones]

I wish I could find the links to the 3 videotapes of DW's interrogation sessions with SD detectives that were posted once on FR. His behavior and answers were utterly damning.

[The Great RJ]

Sure he was framed just like poor OJ. The police have so much time on their hands that they can go around just looking for innocent people to frame in elaborate hoaxes. </sarcasm>

[EllaMinnow]

Check here:

http://www.signonsandiego.com/news/metro/danielle/20030107-9999_1m7sealed1.html

[EllaMinnow]

Ya'll have gotta see this.

[xJones]

Thank you, that was very good of you!

[Az Joe]

He sounds pretty darn guilty on those tapes! If he was innocent he'd have been screaming it at the top of his lungs.

[cyncooper]

the county's former top prosecutor yesterday confirmed one of the most explosive stories of the case: that Westerfield offered to lead police to the second-grader's body in exchange for escaping the death penalty. It is the first time former District Attorney Paul Pfingst has commented publicly on the aborted plea bargain.

"He wanted to plead guilty to a lesser charge in return for telling us where Danielle's body was," Pfingst said, "so I am disgusted that this pervert would make such a charge in light of what he did to Danielle van Dam and her family."

Well, there goes the old "the prosecutor initiated the proposal of a deal" storyline.

[onedoug]

"Uh... It was the parents. Uh... No. It was the cops. Uh... No. It was...."

[mass55th]

Westerfield has been writing to friends since his arrival in January on death row, which he complains is "cold, wet & drafty all the time."

You sent Danielle to a cold, wet grave. My heart bleeds for you, you puke!!

Of course he was framed...so framed that he was in the process of telling the cops where he'd dumped her body in return for their not pursuing the death penalty. It was a blessing her body was discovered when it was.

[CARepubGal]

The guy is scum. It is all "waah poor meeee!" Well, Westerfield will be very very warm soon. I wonder if the millstone for his neck is preordered.

[~Kim4VRWC's~]

Thank you for the ping Red! I couldn't believe it when I read that they were still finding evidence after the trial ended. I wonder what it was. (freepmail)

[EllaMinnow]

I wonder if those who were waiting for "proof" of the plea bargain will believe it now?

[~Kim4VRWC's~]

PING


Ladies and Gentlemen, I think this is my latest up to date ping list. A few people asked to be added, and some asked to be removed. If anyone wants to be off this ping list, freepmail me..

[~Kim4VRWC's~]

"... Westerfield offered to lead police to the second-grader's body in exchange for escaping the death penalty. It is the first time former District Attorney Paul Pfingst has commented publicly on the aborted plea bargain."

[~Kim4VRWC's~]

Dang...how could he offer a plea bargain if he was framed? I is cornfoosed!

[Valpal1]

I see old Dave is still trying to work the ninja magic on anyone willing to listen. What a piece of work. Bet he plagarizes his "framed" theories from various internet forums.

He's evil and should be shunned by the media until his execution.

[EllaMinnow]

Most of his "theories" will look pretty familiar to anyone who has checked out webbsleuths or SNJ.

The best thing about this is that it hands his appeal strategy to the state of California on a silver platter.

[Amore]

I see others beat me to it in commenting on where DW got his wild theories. I was going to ask what his nome de plume here on Free Republic was!

[UCANSEE2]

bookmark

[brneyedgirl]

Thanks for the ping. What an interesting read!

[UCANSEE2]

There are those that read this, and believe exactly what Pfingst and Alex Roth want you to believe.

Then there are those that have investigated the case and the evidence and the testimonies very closely, and know that Westerfield didn't do it.

The question I have, is who was hiding what? What was so important to conceal, that convinced police to ignore evidence?

Police were convinced there had been a break-in/burglary/kidnapping, due to the evidence they saw.

Later on when they couldn't find trace evidence from their main suspect (DW) in the VD house to support that, they changed it over to homocide and ignored/destroyed evidence of burglary and ignored testing the stains on the stairwell, the sidewalk, the garage, that appeared to be blood.

And no one finds that weird?

[TomB]

"... Westerfield offered to lead police to the second-grader's body in exchange for escaping the death penalty. It is the first time former District Attorney Paul Pfingst has commented publicly on the aborted plea bargain."

Just thought I'd amplify this a bit.

I was just watching the beginning of O'Rielly's show tonite and his "talking points" memo was about this issue. Of course, the first person I thought of was you Kim, but, of course, I also see you beat me to it. Also, of course, I notice a DEAFENING silence from the Westerfield defenders.

Have any of them crawled out of the woodwork to defend him?

[~Kim4VRWC's~]

I haven't heard from anyone who thinks he's innocent,framed and/or not guilty Tom. I saw that part of O'reilly too. Sounds like the plea bargain was absolutely true! brenda vandam was on msnbc this morning, supporting the notion that there should be laws to convict people who unborn children during a crime.. (I think that's the gist of it)

[~Kim4VRWC's~]

"Then there are those that have investigated the case and the evidence and the testimonies very closely, and know that Westerfield didn't do it."

I see..only YOU have investigated it. OK.

[~Kim4VRWC's~]

I just saw ucansee2's posts. The only way they'll believe it is if DW says it's true..MAYBE.

[Cate]

Westerfield is so full of bs. He claims that the detectives set him up? Bull... I have cops in the family and they don't have enough hours in the day to work on the legit cases they have, much less make up ones. He murdered that little girl and that is the end of it. Trying to cast blame on the police is an age old tactic to prove innocence. To be fair, there have been bad cops, but in this case, they were the good guys. My theory is that the cops do not use their bullets nearly enough.

[Cate]

Oh, and maybe his writing privleges should be suspended. What a wanker. He has more 'rights' than we do out here in the working world.

[bvw]

What exactly did former DA Pfingst have to say?

[EllaMinnow]

I'm glad Pfingst admitted to the plea negotiations. I remember when we were told it wasn't true because no one would put their name to the story, it was just a "police department source."

And now we're told only to believe the words from a killer. Unreal.

[bvw]

Did you notice how Westerfield was guilty of grevious missspellings, too? Clearly, that should be noted at a retrial. Guilty, guilty, guitly, eh?

[TomB]

What exactly did former DA Pfingst have to say?

"Westerfield offered to lead police to the second-grader's body in exchange for escaping the death penalty"

[Rider on the Rain]

I notice a DEAFENING silence from the Westerfield defenders. Have any of them crawled out of the woodwork to defend him?

I suspect most of his defenders are democrats. His guilt is obvious, still, there is something about this case, and I can't quite put my finger on it, that bothers me. As one would say in German: "Irgend was stimmt nicht."

[bvw]

That's a transcript quote or a reporter's notes? And despite waht all you all wish to read into it, it isn't much of a claim, without a clear description of exactly what Westerfield did offer. What you seem to have is Pfingst's impression, his wanna-be of what, if anything, was offered.

Oh, and it really, really DOES add to the importance and truthfulness of it that you bolded and enlarged it, doesn't it now?

[sinkspur]

And despite waht all you all wish to read into it, it isn't much of a claim, without a clear description of exactly what Westerfield did offer. What you seem to have is Pfingst's impression, his wanna-be of what, if anything, was offered.

Impression? Westerfield's attorneys made the offer to Pfingst, and Pfingst repeated the offer (made by Westerfield's attorneys) on O'Reilly.

It's not an "impression"; no, Westerfield is dead to rights.

He'll get no new trial, and will die an old man on California's death row.

[~Kim4VRWC's~]

Hi Stranger..so what exactly is your stance? Are you waiting until all the appeals run out before you decide if he's guilty or not? Or do you think he's innocent or what?

[~Kim4VRWC's~]

Hi Stranger..so what exactly is your stance? Are you waiting until all the appeals run out before you decide if he's guilty or not? Or do you think he's innocent or what?

[nmh]

If Westerfield is innocent, then how come his attorneys offered to tell the prosecutor where the little girls body was BEFORE they found it? Does Westerfield also have ESP?

LOL! He's guilty as hell and where he belongs. His death will be a blessing to all left on this earth.

[~Kim4VRWC's~]

Well, if pfingst says it, and the defense doesn't deny it by demanding a retraction etc.... I guess there is only one thing to say.. It's true! What else are we to do but wait and see what happens.

[~Kim4VRWC's~]

We have a lightening storm and MORE tornado watches... Will turn off the puter for awhile..take care all..

[Valpal1]

Too funny!

We should all chip in and buy U2 a clue!

[Amore]

Amazingly, 2 have. The more rational ones have wisely slunk away.

[bvw]

I think it was an unfair trial, and didn't demonstrate guilt. There was more than reasonable doubt. I don't know who killed Danielle, the trial didn't help much. I don't like California's rules of evidence -- I'm a fan of giving a jury everything and letting them sort it out, I would include all the negotiations, all the "inadmissable" evidence -- tell the jury why it is problematic, let them weigh that too. That's all to a lot bigger thing than just this one trial or even California. We have to fully trust juries, or not use them at all. You can't find the truth from selected bits.

[EllaMinnow]

There are a couple still holding out in the SBR. They give new meaning to the term "bitter end."

[cyncooper]

Believe me, your bolding and all caps is very much appreciated.

I saw this segment on O'Reilly last night and posted it on the thread in the dreaded Smokey Backroom. So far silence.

I hope some people grasp the implication of his knowing where she was, or are they going to shift to "he didn't kill her, just came by knowledge of where she was"? The capacity to rationalize away evidence by some is limitless.

[cyncooper]

Hi Kim.

I didn't see that part of O'Reilly tonight, but I saw the interview with Pfingst last night. Pfingst said Westerfield was offering (through his lawyers, of course) to lead them to the body in exchange for dropping the special circumstance charge. He said they were within an hour of making the deal when she was found.

No parsing, just as plain as day.

[ladyinred]

Poor guy. He has to read murder mysteries now instead of participating. Tough life this death row.