Murder Charge Likely In Missing-Girl Investigation (Danielle van Dam)

Union Tribune ^ | February 25, 2002 | J. Harry Jones

[FresnoDA]

Murder charge likely in missing-girl investigation

Authorities believe 7-year-old Danielle is dead, source says

By J. Harry Jones 
UNION-TRIBUNE STAFF WRITER

February 25, 2002

It is increasingly likely that a murder charge will be sought against David Westerfield – possibly as early as today – for the death of 7-year-old Danielle van Dam, even though her body has not been found.

A law enforcement source close to the investigation told The San Diego Union-Tribune that "investigators and prosecutors are of the belief she is dead."

The source, who spoke on condition of anonymity, said the murder charge would include special allegations that could lead to the death penalty if Westerfield is convicted.

San Diego police Chief David Bejarano would not comment specifically on the source's claim, but said a decision on whether to bring a murder charge would be made today.

"We have been working with the investigators, the District Attorney's Office and the family throughout the weekend," Bejarano said. "Even if we do file the charges, there is always still the hope that she will be found."

Westerfield, who turns 50 today, is being held in isolation in the downtown jail without bail on charges of kidnapping and burglary in connection with the disappearance of Danielle from her Sabre Springs home. Danielle last was seen Feb. 1, when her father put her to bed, police say.

Westerfield, who lives two houses from the van Dams, is scheduled to be arraigned tomorrow.

He was arrested Friday, following a three-week investigation. Authorities said DNA tests found Danielle's blood in Westerfield's motor home and on a piece of his clothing. Additional evidence was discovered on a piece of the girl's clothing in her bedroom.

One reason for bringing the murder charge now is to avoid a possible legal entanglement, a source said. Theoretically, if Westerfield were to plead guilty immediately to the kidnapping and burglary charges, his attorney might be able to argue double jeopardy if a murder charge were brought later.

The decision to charge Westerfield with murder was discussed over the weekend with Danielle's parents, Brenda and Damon van Dam, the source said.

A spokeswoman for the van Dams last night said the couple would not comment on the case until after Westerfield's arraignment.

Westerfield became the main suspect within days of the girl's disappearance when he consented to, and failed, a polygraph test, several sources have said.

His Mountain Pass Road home had been under constant surveillance by detectives and members of the media covering what has become a national story. He was arrested at his attorney's office Friday.

Bejarano said during a news conference Friday that police "believe without question that DNA evidence links Mr. Westerfield to Danielle's disappearance."

Tests on additional pieces of biological evidence are pending.

Police started looking at Westerfield because he was the only neighbor away from home the weekend Danielle disappeared. He told police he socialized with Brenda van Dam and two of her friends the evening of Feb. 1 at a Poway bar.

He said he went home alone, then drove his motor home to the desert, where he spent the weekend by himself.

Authorities and hundreds of volunteers have searched eastern San Diego County methodically, hoping to find some trace of the girl.

Yesterday, 200 volunteers hiked through the Kitchen Creek area of the Cleveland National Forest, which is dissected by Interstate 8 – the freeway Westerfield likely would have driven to the desert.

Prosecuting a murder case without a body is difficult, but not impossible. Last year, a former Santee man was convicted of killing his estranged wife, Guadalupe Dailey, even though her body never has been found.

[Luis Gonzalez]

"...but can't you at least allow for the possibility that since they aren't denying the activity, they are in some way responsible?"

I would not take a single second of a single day away from doing everything that I could possibly do to find my kid.

I certainly would not take the time to help some discjockey rake in listeners.

"No one is suggesting that their grief isn't real...", Oh, please! Read the threads! In those very words it has been said!

It's been discussed to a nauseating degree that Mrs. van Dam does not appear sufficiently upset.

What the hell is that? My wife would probably have to be on serious tranqs just to get through the day without killing herself.

Has it also crossed anyone's mind that they are most likely under strict instructions from the lead investigators, and anyone with half a brain, not to say too much about the circumstances surrounding the night in question?

There's a trial coming up you know. There are only a few people who know the full truth about that night. The van Dams, the police, and the killer.

Knowledge of details about that night could help identify the killer.

[spectre]

"BTW, I work with Brenda Van Dam's brother.

And therefor....???

sw

[spectre]

Sorry, SLB...misread your post. It was NOT Brenda Van Dam's brother. Mea culpa.

sw

[nothingnew]

Bejarano said during a news conference Friday that police "believe without question that DNA evidence links Mr. Westerfield to Danielle's disappearance."

That DNA stuff IS real good evidence....but...

Any fingerprints found?...oops. I forgot!.... If a certain judge and a whole lot of lawyers have their way, fingerprints won't be admissable evidence anymore...any thoughts out there?

FMCDH

[Slyfox]

Did he know where her room was because he had engaged in swinging with the parents? Had they engaged in that activity that night together?

That is an interesting possibility. Maybe he followed the crowd home and went in when he saw that they were going to be "busy for a while". Anyone could have come and went from the house at that point. He then wouldn't have to deal with a locked door. The swingers were probably half drunk.

I know if I had come home and found the front door standing wide open I would think something was very wrong, in fact I'd think that someone was in the house who shouldn't be there. If I was half-drunk I probably wouldn't care.

[BaBaStooey]

SDPD Press Confrence on CNN right now.

[Luis Gonzalez]

"Well, it is nice to know that the SWING SET has arrived to this thread. Going for number 3 LG??? Seems the last two Van Damned threads were pulled because of your fierce defense of the Swinging/Alternative Lifestyle. "

Well, there you have it folks, proof positive of the lying sack of excrement that FresnoDA is. Spreading unfounded lies about people. I am not part of any "swing set", and there is no way that he can know WHY the threads were pulled.

I have a good idea why.

They got pulled because they are an embarrasment to the forum, YOU FresnoDA, are an embarrasment to the forum.

I have defended people's right to live as they wish, I have not defended swinging...what I have done is attack YOU.

Now, take what proof you, Rick Roberts and anyone else has to the authorities and do something.

You can't, can you? You can't because all you have is your slimeball argument that non-denial is an admission of guilt.

Some crap ain't worth an answer, and even if they had...it wouldn't have made a damned bit of difference to you.

You make up lies to attract attention to yourself.

Go wash your hands, they are covered in Danielle's blood.

[Southflanknorthpawsis]

BTW, I work with Brenda's younger brother.

Interesting. I bet he sees his sister and brother-in-law as having clean hands in this. Do you?

[FresnoDA]

The "Van Damned" were not just your typical party animals.  They were/are Hard Cored dedicated SWINGERS.  Their entire existence revolves around their Alternative Lifestyle.

• Police informants have stated that they engage in "lot's of wife swapping".
• Damon has configured the Garage with special sound system, and internally locking doors.
• Brenda is the gopher.  She goes out, rounds up a group of willing participants, and then leads the whole crew back to the "play room".
• Damon, like the dutiful little Mr. Mom that he is, happily stays at home with the kiddies, ordering pizzas, making pop corn, and waiting for Brenda to pop in with the crew for the serious action.

That, Luis, is why they VD's will never be viewed as Ward and June Cleaver in this matter.  They are single minded about one thing, and one thing alone.  That is satisfying their degenerate appetites.

Strangers know where we live, and are granted access to our home?  No problem.

Kids are left to fend for themselves after bed time?  No problem.

Alarms are ignored, doors left ajar, not even interested in "peeking in on the kids" and making sure they are OK?  No problem.

But one thing for sure, their Party Must Go On.  If this is the "new" California lifestyle, we can regrettably expect similar tragedies in the future........

[Southflanknorthpawsis]

One can't help but wonder if someone on city council or something might be part of the VD swing group.

Wow......that's an angle I hadn't considered. Interesting !!!! It would not surprise me at all.

[FresnoDA]

San Diego DA

Westerfield WILL BE CHARGED with 1 count of Murder, Special Circumstances, developing....

[hsmomx3]

Did any of you hear John Walsh on CNN this morning?

P. Zahn asked him about the parents extra curricular activities and that it had been reported that Westerfield had danced with the Mrs. that night. Walsh told Zahn that, that was irrelevant! From what I saw it would appear that he strongly believes that this guy is guilty .

Why isn't anyone bringing up the fact that the parents had kept the house unlocked, kids unattended, while they were locked in the garage?

[FresnoDA]

MURDER CHARGE BROUGHT AGAINST WESTERFIELD
One count of murder with special circumstances has been added to kidnapping charges against David Westerfield, the suspect in the dissappearance of Danielle Van Dam. San Diego District Attorney Paul Phingst said this morning that after a month of searching for the seven year old Sabre Springs girl, he has no choice but to determine that she has been killed. Phingst says although adding special circumstances opens the door to seeking the death penalty, that decision has not been made yet. Westerfield was arrested last Friday and charged with kidnapping after police said CSI teams found blood and DNA evidence in Westerfeld's clothing and motor home as well as in Danielle's bedroom. Meantime, search teams say they will continue their search for Danielle each day this week. Danielle was discovered missing from her bedroom on the morning of February 2nd.

[mewzilla]

Believe me, after that press conference, I was wondering about it. Declaring Danielle dead? Couldn't Westerfield have sold or given her to someone if he did in fact kidnap her? I just got the distinct impression from that press conference that they either don't care about finding her, or don't want to. Either because their case against Westerfield isn't that great, or because there are more people involved. Did anyone else who saw this think something squirrelly is going on (and I don't mean bringing a murder case without a body)?

[hsmomx3]

Something you said was interesting--that they might not care about finding her. And if they found her alive, God only knows if the parents were involved relating to her disappearance. That thought is based on the diary findings.

[FresnoDA]

HAPPY BIRTHDAY Westerfield!!A murder charge including special allegations that could bring the death penalty will be sought against David Westerfield, the man authorities believe abducted 7-year-old Danielle van Dam, District Attorney Paul Pfingst said on Monday.

"After consulting with Police Chief David Bejerano, my prosecutors and the van Dam family, I must conclude that Danielle van Dam is no longer living and was killed by her abductor," Pfingst said. "Today I am announcing my office will file one count of murder against David Westerfield for the abduction and killing of 7-year-old Danielle van Dam."

Her body has not been found, despite an extensive public search for the girl, leading investigators to belive she was murdered, Pfingst said.

A law enforcement source close to the investigation had previously told The San Diego Union-Tribune that "investigators and prosecutors are of the belief she is dead."

San Diego police Chief David Bejarano said he agreed with the prosecutor's decision.

Westerfield, who turns 50 today, is being held in isolation in the downtown jail without bail on charges of kidnapping and burglary in connection with the disappearance of Danielle from her Sabre Springs home. He is scheduled for arraignment on the charges Tuesday afternoon, Pfingst said.

---

Hmmmm.....San Diego LE is moving very quickly.....is there a need to keep the Van Damned out of consideration in this matter????  How wide is the net Brenda cast for players in their SWING SET???

[mewzilla]

And here's something else I've been wondering: how did the perp get Danielle out of the house? How could someone she didn't really know lure her out? And if the perp went in after her, how did he know that her dad wouldn't be awake (even if he knew the mom was out)? How did he know Danielle didn't share a room with the sib? Wouldn't he worry about the alarm system? If he knew enough about the family to answer the other questions, how could he know the alarm system would conveniently be turned off?

[spectre]

Since you addressed it to "all". the DA is now on announcing that Danielle is "dead".

Most of us on these threads cannot get over the contributory life-style that MIGHT have set up the stage for the crime to have happened. Not just some Disk Jockey, how about their chance to deny it on the Larry King show? No matter, there are witnesses to where Brenda hung out, Luis.

To imply that FresnoDA or the rest of us have "Daniells blood on your hands", is typical of your Elianista tactics. Notice, Luis, that those of us who wanted Elian to be back with his father, have stayed off YOUR threads, for at least a year. The name-calling over there was beyond reason. How many times did I read that the "send him home crowd" has "Elians blood on their hands".???

It is insane to suggest that just because someone posts to this thread with thoughts that are contrary to your opinion, "have Daniells blood on their hands."

.

[Brytani]

FYI on Capano

New Page 1 Capano seeks help in Supreme Court
Death-penalty appeal should be heard with similar case from Ariz., lawyers say

By MARY ALLEN
Staff reporter
02/20/2002

Attorneys for Thomas Capano have urged the U.S. Supreme Court to consolidate his appeal with one from Arizona that raises similar legal issues.

Capano's attorneys want to join in arguments set for April 22 in Washington, where Arizona attorneys are scheduled to debate the constitutionality of that state's death-penalty law. Capano's team is questioning the constitutionality of Delaware's death-penalty law, which is similar to Arizona's.

Both states give judges the ultimate say over whether to order the death penalty.

The U.S. Supreme Court ruled in 2000 in a criminal case that did not involve the death penalty that only jurors can decide if facts of a case qualify it for a greater penalty.

Capano's attorneys and those in Arizona maintain that ruling should translate to death-penalty cases, because murder is punishable by life in prison unless circumstances of a case call for the greater penalty of death.

Attorneys for Capano and convicted murderer Timothy Ring in Arizona want new penalty hearings with jurors getting final say over the men's sentences.

Wilmington attorney Joseph M. Bernstein, who is leading Capano's appeal team, submitted the final round of paperwork to the court in Washington, D.C., on Friday.

Capano has been under a death sentence since 1999, when a Superior Court jury in Wilmington convicted him of murdering Anne Marie Fahey in 1996. Fahey, 30, was scheduling secretary to Gov. Tom Carper. Capano was a former prosecutor and political insider.

Prosecutors said Capano killed Fahey after she tried to end their affair. Capano said she was killed in an accident, after another mistress found him with Fahey.

Delaware prosecutors have asked the court to hold off on the portion of Capano's petition that challenges Delaware death-penalty law, according to court papers. They urged the court to decide the Arizona case in a way that applies to Delaware.

The nine Supreme Court justices are asked to hear about 8,000 cases a year, but accept only 90 to 100.

In addition to the death-penalty challenge, Capano has asked the court to review whether the jury that convicted him should have been allowed to consider lesser charges than first-degree murder, such as manslaughter.

Reach Mary Allen at 678-4275 or mallen@delawareonline.com.