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Search Warrants Show Police Sought Child Porn

Judge Rules To Unseal Search Warrants

POSTED: 8:34 am PST February 27, 2002
UPDATED: 2:51 pm PST February 27, 2002

A judge Wednesday ruled in favor of a request by the media to unseal search warrants in the case against David Westerfield, who is charged with kidnapping and murdering 7-year-old Danielle van Dam.
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Judge Cynthia Bashant ruled that the search warrants be unsealed, but the affidavits supporting the search warrants will remain sealed, 10News reported. The decision to unseal the affidivits may come Monday.

The search warrants explain what investigators were looking for, but not why and what they had found -- that's explained in the affidavits.

Search warrants revealed showed police were looking for child pornography in Westerfield's home.

In a warrant signed three days after Danielle was reported missing, police asked to search Westerfield's computer for explicit images involving children.

Other warrants released showed that police were given permission to review Westerfield's cell phone records from the weekend Danielle disappeared. They were also allowed to search a dry cleaning business for any bedding or clothing dropped off by Westerfield.

Police were also given approval to search Westerfield's house and to record phone calls to and from the van Dam residence. The van Dams granted permission for the traces.

The judge had given defense attorney Steven Feldman a chance to request that certain portions of the warrant and supporting documents be withheld.

But the judge said she believes Westerfield can get a fair trial in San Diego even if the warrant is made public.

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At Westerfield's arraignment before Superior Court Judge Peter Deddeh, prosecutors Tuesday added a charge of possession of child pornography stemming from materials found in his home during the investigation into Danielle's disappearance.

Feldman asked Deddeh to impose a gag order on all lawyers, investigators and potential witnesses in the case. The judge denied the request, but left Feldman the option of refiling it at a later date.

Westerfield, who lives two doors down from the van Dam family, faces a special circumstance allegation that the killing took place during a kidnapping. That could lead to the death penalty if the defendant is convicted.

Prosecutors will decide later whether they will seek capital punishment against the divorced father of two.

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Danielle's parents, Brenda and Damon van Dam, made a statement Tuesday following Westerfield's arraignment.

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

"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 was taken into custody Friday after intense scrutiny for days as the only suspect in the disappearance of the second-grader. She was last seen when her father put her to bed at about 10:30 p.m. 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.


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