SAN DIEGO -- David Westerfield is scheduled to make a court appearance Tuesday to answer charges that he kidnapped and murdered 7-year-old Danielle van Dam.

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San Diego District Attorney Paul Pfingst said Monday that, in addition to the previously announced charge of kidnapping, Westerfield would be charged with murder, with a special-circumstances allegation that the slaying was committed during an abduction.

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The charge makes Westerfield eligible for the death penalty if he is convicted, but prosecutors said that they would decide later whether to ask for Westerfield's execution.

"After conferring with Police Chief Dave Bejarano, the case investigators, 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.

Pfingst said that charges of burglary and possession of child pornography also may be filed against Westerfield, a self-employed design engineer who turned 50 on Monday.

Westerfield was taken into custody Friday after intense scrutiny as the only suspect in the disappearance of the second grader, who was last seen when her father put her to bed on Feb. 1.

Since then, hundreds of hours involving volunteer and professional personnel have been spent trying to find her, both in the desert and across the border into Mexico.

Pfingst said he met with Danielle van Dam's parents, Brenda and Damon, at his office on Saturday.

"I discussed with them our discussions of whether to file a murder charge," Pfingst said. "At the conclusion of our discussion, I informed them that it was my intention to file a murder charge, and they cried. It was very difficult for them."

Pfingst said that his office will press forward with Westerfield's prosecution even if the victim's body is not found. He said that dating back to 1983, there have been four cases in San Diego involving suspects who were convicted of murder even though their victims' bodies never turned up.

Hopes that the girl might be found alive dimmed when it was alleged that lab tests had detected the child's blood on Westerfield's clothing and recreation vehicle.

DNA evidence, "without a question," links Westerfield to Danielle's disappearance, Bejarano said Friday.

"Danielle's blood was found in an article of clothing which belongs to Mr. Westerfield and also in his motor home," Bejarano said.

Bejarano called the genetic evidence "a very, very strong link" between the suspect and the missing girl. "I can't stress enough how strong that link is," Bejarano added.

In addition to the "small bloodstains" from Danielle that allegedly turned up on Westerfield's clothing and in his RV, traces of DNA found on one of the girl's garments from her room matched the suspect's, the chief said.

The chief said that he could offer little insight into what might have motivated the divorced father of two to take Daniele van Dam from her home and family.

Danielle's parents are expected to attend Tuesday afternoon's court hearing, but are not expected to talk to reporters until later at a briefing outside the courthouse.

The television show "America's Most Wanted" is scheduled to tape a "police-sanctioned" followup story Tuesday at the couple's home as well.

Defense attorney Steven Feldman told reporters Friday that he and his client "certainly intend to mount a vigorous defense" against the allegations.

Feldman added that he likely would seek a gag order from a judge "to ensure that the case is tried in the courtroom and not in the press."

Meanwhile, volunteers will continue to mount searches for Danielle every weekday at 9 a.m. The searches will begin at the Danielle Recovery Center at the corner of Poway Road and Pomerado Road.