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Danielle's Parents Respond To Neighbor's Arraignment

Accused Danielle van Dam Killer Pleads Not Guilty

POSTED: 1:39 pm PST February 26, 2002
UPDATED: 7:43 am PST February 27, 2002

The parents of missing 7-year-old Danielle van Dam made a statement Tuesday following the arraignment of David Westerfield, the man accused of killing their little girl.

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"Today's arraignment was difficult for us beyond what we ever imagined," Danielle's mother Brenda said.

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"There are no words to express the anguish we feel as Danielle's parents and her greatest admirers," she added.

To read Brenda van Dam's complete statement to the media, click here.

Westerfield, 50, pleaded not guilty Tuesday to murder, kidnapping and child pornography possession charges stemming from the disappearance of Danielle.

The charge of kidnapping a child under 14 carries 5-11 years in prison. The child pornography charge is a misdemeanor with a maximum penalty of a year in jail.

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

Westerfield's presence in the courtroom sparked a flood of emotion from Danielle's mother, Brenda van Dam. As he entered the courtroom, she began sobbing uncontrollably and doubled over, gripping the shoulder of her husband, Damon.

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Shielded behind a glass retaining wall, Westerfield (pictured, right) visibly shook as his attorney, Steven Feldman, argued for a gag order to ban media from the courtroom in the case. Judge Peter C. Deddeh denied Feldman's request.

Shortly after the arraignment, Feldman spoke to reporters and offered a accusatory lecture to the media, saying: "Let this case be tried in the courtroom, not in the streets of San Diego."

Westerfield remains in jail without bond.

District Attorney Paul Pfingst said Monday 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.

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Pressed on the issue of going to trial despite the absence of Danielle's body, Deputy District Attorney Jeff Dusek (pictured, left) told a reporter:

"Put your notebook down and be a real person. Do you think she's dead?"

After a long pause, the reporter answered "yes," Dusek responded, "What else do I need?"

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 and in his recreational vehicle.

DNA evidence, "without a question," links Westerfield to Danielle's disappearance, San Diego Police Chief David 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.

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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 Danielle from her home and family.

Investigators have focused their efforts on Westerfield after learning that he took his RV to an area near Glamis for the weekend on the same morning Danielle was reported missing.

Investigators had searched his home several times, and impounded his sport utility vehicle and RV.

Investigators took some 13 bags of evidence from Westerfield's home about a week after the girl disappeared. Among those bags of evidence were materials that appeared to be child pornography, according to 10News.

Danielle was first reported missing Feb. 2. Her father, Damon van Dam, told authorities that the last he'd seen of his daughter was when he had put her to bed after 10 p.m. the night before.

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On that night, Brenda van Dam had gone out with several female friends and came home around 2:30 a.m. She then stayed up for about an hour with her husband and friends, according to 10News.

She said she made sure the childrens' bedroom doors were closed to keep from disturbing them, but didn't check on the children. Danielle has two brothers.

Westerfield previously told reporters that he saw Brenda van Dam at a bar near their home the night before Danielle was reported missing. The design engineer told 10News that he danced with his neighbor; she later denied that story.

Since then, the case has drawn national media attention and drawn hundreds of people, including a group of Miramar Marines, into searches of the desert and various rural areas in San Diego County.

A hearing to unseal search warrants in the case is scheduled for Wednesday.


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