Skip to comments.Prosecutors: Westerfield's Rights Weren't Violated (Are taxpayers picking up accused killers tab?)
Posted on 04/12/2002 11:17:08 PM PDT by FresnoDA
Westerfield's attorneys argued in a motion filed with Superior Court Judge William Mudd last week that they should be able to review the personnel files of 13 officers involved in the case to see if there was any history of past misconduct.
But prosecutors said Mudd need only review the personnel records of detectives Mike Ott and Mark Keyser for the names and telephone numbers of any witnesses with information relevant to complaints received during the last five years about their credibility, or complaints about the detectives giving suspects their Miranda rights.
Ott and Keyser interviewed Westerfield on Feb. 4, two days after the girl disappeared. They also drove with the defendant on the exact 600-mile route he said he traveled the weekend Danielle van Dam turned up missing. A hearing on the "Pitchess" motion is set for April 18.
Mudd ruled Tuesday that future motions in the Westerfield case will be filed under seal until hearings scheduled for May 6. The judge also ruled there would be no TV coverage of the pretrial hearings in the case. Trial is set to begin May 17.
Other possible pretrial motions might include a defense request to move Westerfield's trial away from San Diego County, and a prosecution motion to limit inquiries into the supposed "swinging" lifestyle of the victim's parents.
Westerfield, 50, lived two doors down from the victim. He is charged with kidnapping, murder, possession of child pornography in connection with the girl's death.
He also faces a special circumstance allegation of murder during a kidnapping, which could lead to the death penalty if he is convicted. Prosecutors will announce later whether they intend to seek life in prison without parole or capital punishment should Westerfield be found guilty.
Brenda and Damon van Dam discovered their daughter missing from her upstairs bed the morning of Feb. 2. Searchers found her partially decomposed body just off an East County road on Feb. 27. In the interim, the case drew nationwide attention.
Looks like a "get Roberts plan " has been activated...perhaps joint effort by the prosecution and the San Diego Swingers clubs..Look every where but where the fault really lays..Kill the mesenger..
If mom and dad were not so busy getting high and laid it would not have happened.They opened their doors to a group of slime low life wife swappers and drug dealers..So they do not have clean hands no matter who did it!
Kim he exposed the truth to light ..you may not like it but he did nothing wrong but assure other families, that have some morals ,that their kids were safe..
Well that matches the words of one of FR swinngers that told us he and the mrs ( I will not say wife here)were Mr and Mrs. America....just a average couple that enjoyed group sex playing ( she is still the best sex he has ever had...could be he will keep going till he finds some one better...:>))..
Does it strike anyone but me that some of these amoral folks are teaching sex ed to your kids??
The Neaves family contends in its federal lawsuit that Michael and police conspired to alter evidence, falsely report findings and misrepresent results of the investigation.
San Diego police told Michael that his daughter passed the test, indicating she did not kill Scotty. But a videotape of the exam shows she vomited when asked if she had harmed the boy. An independent expert contacted by the Union-Tribune said that in more than 30 years of conducting polygraph tests, he had never seen a subject vomit during a test. He said it made the exam "meaningless." "I don't think you can come to a reliable conclusion if someone vomits during the test," said Paul K. Minor, a Virginia polygraph authority who set up and ran the FBI's polygraph program.
Alleged that SDPD planted porn
Does this make the porn charge against Westerfield moot?
We shall see how it shakes out.
Although I am reading in various places that that particular provision was unchallenged and thus left intact by the decision.
Arguments that photoshopping childrens heads onto adult bodies in sexual portrayals remains illegal because the depictions uses real children's heads/faces/likenesses. I have a feeling that this will be the next challeng of the law
The alledged anime, however, being a fully digital creation of imagination is now legal.
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