Westerfield Hearing Takes A Break
Lawyers Focus On Blood, Porn, Fingerprints
POSTED: 6:39 pm PST March 12, 2002
UPDATED: 9:23 am PST March 13, 2002
SAN DIEGO -- A latent fingerprint lifted from a cabinet above a bed in David A. Westerfield's motorhome belonged to Danielle van Dam, a police print examiner testified Tuesday.
Westerfield, 50, is suspected in the kidnapping and killing of the second-grader, who was reported missing from her Sabre Springs home Feb. 2 and found dead off a road near Dehesa.Jeffrey Graham Jr. testified that the lifted print matched those taken from the mummified hands of van Dam after her body was discovered Feb. 27 in eastern San Diego County.Deputy District Attorney Jeff Dusek asked Graham how certain he was that the fingerprints left on the motorhome cabinet belonged to Danielle van Dam."Absolutely no doubt in my mind that Danielle van Dam made those prints," Graham testified.
Chief Medical Examiner Brian Blackbourne testified Monday that the girl's hands needed to be severed during her autopsy so they could be more thoroughly examined.However, Graham told defense attorney Steven Feldman that he couldn't tell when the prints were placed on the cabinet.A police forensic biologist also testified that DNA found in bloodstains in the motorhome and on a jacket belonging to Westerfield were an almost certain match for the child.Earlier in the second day of a preliminary hearing, biologist Annette Lynn Peer said 19 areas of Westerfield's motorhome were tested for blood, with three containing positive results.The three included a stain on the carpet between the door and the bed in the motorhome, she said.Peer testified she also received a jacket belonging to Westerfield, which police said they seized at a Poway dry cleaner, and a pair of underwear belonging to van Dam.
A clerk at the dry cleaning store said Westerfield appeared upset and unusually quiet as he took several items, including bedding from his motor home and a jacket, to be cleaned, police Detective James Hergenroeather said.Peer also received "known samples" from Westerfield and the girl's parents."The stain from the carpet and the stain from the jacket were highly likely of the same source as the inside crotch area of the underwear and could be from a biological offspring of Damon and Brenda van Dam," Peer said."Is it also correct that the stains from the carpet, the jacket and the underwear all matched each other?" Prosecutor George "Woody" Clarke asked."Yes, it is," Peer answered.She added that the odds of a duplicate match in the Caucasian population would be one in 25 quadrillion (25,000,000,000,000,000). Her figures were based on early results, she testified, but later testing did not alter the results.Also, a police forensics examiner testified that while searching files on Westerfield's hard drive and computer disks, he found suggestive photos of Westerfield's girlfriend's teenage daughter named Danielle.Detective James Watkins testified he copied the hard drives of four computers and the contents of a "Palm Pilot" device in Westerfield's home three days after van Dam was reported missing. Investigators also seized three CD-ROMs and two "zip" disks, he said.A total of 64,000 images were found in "very highly organized" files, Watkins said."Overall, there were thousands of pictures," Watkins said, but of "a questionable nature there were less than a hundred."Included was a series of six showing a bikini-clad teen posing suggestively on a lounge and in a hot tub."I found pictures of a girl named `Danielle' who appeared to be the daughter of a (Westerfield) girlfriend," Watkins said.One photo, according to Watkins, was of her with a towel over her head.Defense attorney Robert Boyce challenged Watkins' appearance as a witness before he testified, claiming his testimony would be prejudicial, that there was no evidence Westerfield was the one who downloaded the other "questionable" photos and that they were legal.
But Dusek (pictured, right) argued that Watkins' testimony would support a charge of misdemeanor child pornography and would go to the issue of motive in van Dam's murder.Superior Court Judge H. Ronald Domnitz examined the prosecution photographs before allowing Watkins to testify.Among the other items found, Watkins said, were photographs of young females posing with or performing sexual acts with animals and several animated series, including one depicting rape.In cross-examining Watkins, Boyce was able to get him to acknowledge that there was no evidence Westerfield was the person who downloaded the images, and that the investigator was unable to determine the ages of the females in the photographs.Watkins also said another detective examining the files told him there were no images of prepubescent girls.The hearing began with San Diego police detective Johnny Keene completing his testimony, saying he did not smell bleach when he went into a motorhome Westerfield used the weekend van Dam disappeared."I didn't smell anything that made my eyes water or make me think this stinks," Keene said.
One of many unconfirmed stories surrounding the police investigation of Westerfield was that the smell of cleaning materials inside the motorhome nearly made police dogs pass out."It didn't appear dirty," Keene said in response to a question from Boyce about whether it looked as though the vehicle had just been cleaned. "I didn't see dust on the counters or anything like that. The only thing I saw that appeared out of order was the bed, which had sheets on it but no comforter."Keene testified Monday that the defendant had numerous small scratches on his hand and arm when he was interviewed on his front porch the morning of Feb. 4.Keene said Westerfield also was "overly cooperative" when detectives questioned him two days after Danielle was discovered missing.The detective testified that Westerfield pointed to a number of places in his "immaculate " home where detectives might want to look, including a stack of boxes and a door to the attic.Westerfield lived two houses from Danielle and fell under suspicion after he returned from a weekend trip to the desert.The twice-divorced father eventually was arrested in the case and pleaded not guilty to murder, kidnapping and misdemeanor child pornography in connection with the second-grader's disappearance and death.The preliminary hearing will resume Thursday at 9 a.m. The hearing will air live on NewsChannel 15 and will be livestreamed on TheSanDiegoChannel.
| Video |
![]() DANIELLE VAN DAM 1994-2002 DONATIONS The Danielle van Dam Family Trust Mail donations to: Community Bible Church 9919 Carroll Center Road San Diego, 92126 MEMORIAL SERVICE Public Service at La Jolla Shores March 16, 10 a.m. Shuttle bus available at Torrey Pines Glider Port DISCUSSION Send mail to: P.O. Box 501515 San Diego, CA 92150 |
A clerk at the dry cleaning store said Westerfield appeared upset and unusually quiet as he took several items, including bedding from his motor home and a jacket, to be cleaned, police Detective James Hergenroeather said.Peer also received "known samples" from Westerfield and the girl's parents."The stain from the carpet and the stain from the jacket were highly likely of the same source as the inside crotch area of the underwear and could be from a biological offspring of Damon and Brenda van Dam," Peer said."Is it also correct that the stains from the carpet, the jacket and the underwear all matched each other?" Prosecutor George "Woody" Clarke asked."Yes, it is," Peer answered.She added that the odds of a duplicate match in the Caucasian population would be one in 25 quadrillion (25,000,000,000,000,000). Her figures were based on early results, she testified, but later testing did not alter the results.Also, a police forensics examiner testified that while searching files on Westerfield's hard drive and computer disks, he found suggestive photos of Westerfield's girlfriend's teenage daughter named Danielle.Detective James Watkins testified he copied the hard drives of four computers and the contents of a "Palm Pilot" device in Westerfield's home three days after van Dam was reported missing. Investigators also seized three CD-ROMs and two "zip" disks, he said.A total of 64,000 images were found in "very highly organized" files, Watkins said."Overall, there were thousands of pictures," Watkins said, but of "a questionable nature there were less than a hundred."Included was a series of six showing a bikini-clad teen posing suggestively on a lounge and in a hot tub."I found pictures of a girl named `Danielle' who appeared to be the daughter of a (Westerfield) girlfriend," Watkins said.One photo, according to Watkins, was of her with a towel over her head.Defense attorney Robert Boyce challenged Watkins' appearance as a witness before he testified, claiming his testimony would be prejudicial, that there was no evidence Westerfield was the one who downloaded the other "questionable" photos and that they were legal.
But Dusek (pictured, right) argued that Watkins' testimony would support a charge of misdemeanor child pornography and would go to the issue of motive in van Dam's murder.Superior Court Judge H. Ronald Domnitz examined the prosecution photographs before allowing Watkins to testify.Among the other items found, Watkins said, were photographs of young females posing with or performing sexual acts with animals and several animated series, including one depicting rape.In cross-examining Watkins, Boyce was able to get him to acknowledge that there was no evidence Westerfield was the person who downloaded the images, and that the investigator was unable to determine the ages of the females in the photographs.Watkins also said another detective examining the files told him there were no images of prepubescent girls.The hearing began with San Diego police detective Johnny Keene completing his testimony, saying he did not smell bleach when he went into a motorhome Westerfield used the weekend van Dam disappeared."I didn't smell anything that made my eyes water or make me think this stinks," Keene said.
One of many unconfirmed stories surrounding the police investigation of Westerfield was that the smell of cleaning materials inside the motorhome nearly made police dogs pass out."It didn't appear dirty," Keene said in response to a question from Boyce about whether it looked as though the vehicle had just been cleaned. "I didn't see dust on the counters or anything like that. The only thing I saw that appeared out of order was the bed, which had sheets on it but no comforter."Keene testified Monday that the defendant had numerous small scratches on his hand and arm when he was interviewed on his front porch the morning of Feb. 4.Keene said Westerfield also was "overly cooperative" when detectives questioned him two days after Danielle was discovered missing.The detective testified that Westerfield pointed to a number of places in his "immaculate " home where detectives might want to look, including a stack of boxes and a door to the attic.Westerfield lived two houses from Danielle and fell under suspicion after he returned from a weekend trip to the desert.The twice-divorced father eventually was arrested in the case and pleaded not guilty to murder, kidnapping and misdemeanor child pornography in connection with the second-grader's disappearance and death.The preliminary hearing will resume Thursday at 9 a.m. The hearing will air live on NewsChannel 15 and will be livestreamed on TheSanDiegoChannel.Memorial Planned For This Weekend
The public will have a chance Saturday to pay tribute to Danielle van Dam at a memorial service at La Jolla Shores.The public memorial will be held at 10 a.m. The location reportedly was chosen because of the 7-year-old's fondness for beaches.Because of limited parking at La Jolla Shores, a shuttle bus will be provided from the Torrey Pines Glider Port from 8:30 a.m. to 12:30 p.m.No other details were immediately available, said Sara Fraunces on behalf of the van Dam family. Previous Stories:
- March 12, 2002: Preliminary Hearing Offers Additional Details
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 8, 2002: Gag Order Issued In Van Dam Murder Case
- March 6, 2002: Where To Put Danielle's Flowers Sparks Row
- March 5, 2002: Danielle's Parents Speak Out
- March 4, 2002: Westerfield Affidavits To Remain Sealed
- March 3, 2002: Experts Try To Determine Danielle's Cause Of Death
- March 1, 2002: Body Found Believed To Be Danielle's
- March 1, 2002: Autopsy Confirms Body Found Is Danielle's
- February 27, 2002: Search Warrants Show Police Sought Child Porn
- February 27, 2002: Danielle's Parents Respond To Neighbor's Arraignment
- February 26, 2002: Trial Set For Accused South Bay Boys' Killer
- February 26, 2002: Van Dam Neighbor To Be Arraigned
- February 26, 2002: Westerfield To Be Charged With Murder
- February 25, 2002: Danielle's Blood Found On Neighbor's Clothing
- February 21, 2002: Search For Danielle Extends To Mexico
- February 21, 2002: Marines Assist In Search For Danielle
- February 20, 2002: Governor Shows His Support For Van Dam Family
- February 20, 2002: Police Use Old Murder For Clues In Van Dam Case
- February 20, 2002: Crime Lab Personnel Return To Van Dam Home
- February 18, 2002: Search Continues For Danielle van Dam
- February 15, 2002: Police: Break In Missing Girl Case Expected
- February 14, 2002: Police Search Neighbor's House Again
- February 13, 2002: Marc Klaas Lends Support To Van Dam Family
- February 13, 2002: Reward For Danielle Reaches $185,000
- February 13, 2002: 'Better Trained' Dog Joins Danielle Search
- February 12, 2002: Rewards Grow In Search Of Missing Girl
- February 11, 2002: Missing Girl's Family Offers $25,000 Reward
- February 8, 2002: Police: Westerfield Had Child Porn
- February 8, 2002: Investigation Operations Base Leaves North County
- February 8, 2002: Search For Danielle Goes Nationwide
- February 7, 2002: Parents Plead For Help Finding Missing Daughter
- February 5, 2002: Police Question Neighbor In Missing Girl Case
- February 4, 2002: Parents Plead For Daughter's Safe Return
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