Trial Date Set For Van Dam Murder Case
Westerfield Says He Is Not Guilty Of Killing Danielle Van Dam
POSTED: 2:11 pm PST March 28,
2002
UPDATED: 5:32 pm PST March 28,
2002
SAN DIEGO -- The man accused of kidnapping and murdering 7-year-old Danielle van Dam told a court again Thursday that he is not guilty.
Lawyers for David Westerfield, 50, also chose not to "waive time," meaning the case will go to trial within 60 days. Superior Court Judge Peter Deddeh set a trial date of May 17.
The case will be tried in the courtroom of Judge William D. Mudd, 10News reported.
Defense attorney Milton Silverman told 10News that the fact that Westerfield chose not to waive time may signal that his lawyers will not seek to move the trial out of San Diego.Silverman said he anticipated that the trial would last for upwards of three months.After a three-day preliminary hearing, Superior Court Judge H. Ronald Domnitz ruled March 14 that there was enough evidence for Westerfield to face the charges at trial.Brenda and Damon van Dam reported their second-grader missing the morning of Feb. 2. the girl's partially decomposed body, lying face-up, was discovered by volunteer searchers the afternoon of Feb. 27 off a road in Dehesa, east of El Cajon.Westerfield fell under suspicion after he returned from a trip to the desert the weekend the girl was discovered to be missing.A San Diego police fingerprint examiner testified at the preliminary hearing that a latent fingerprint lifted from a cabinet above a bed in Westerfield's motorhome belonged to the victim.Jeffrey Graham Jr. testified that the lifted print matched those taken from the mummified hands of Danielle van Dam after her body was discovered.The print examiner 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 blood stains in the motorhome and on a jacket belonging to Westerfield were an almost certain match with the child's DNA.Biologist Annette Lynn Peer testified that 19 areas of Westerfield's motorhome were tested for blood, with three containing positive results.The three included stains 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 underwear belonging to the victim.A police forensics examiner testified that while searching files on Westerfield's computer hard drive and disks, sexually suggestive photos of a girlfriend's teenage daughter named Danielle were found.Detective James Watkins testified he copied the hard drives of four computers and the contents of a Palm personal digital assistant device in Westerfield's home three days after Danielle van Dam was reported missing. Investigators also seized three CD-ROMs and two "zip" disks, he said.Prosecutor Jeff Dusek said that Watkins' testimony would support a charge of misdemeanor child pornography and would go to the issue of motive in Danielle van Dam's murder.
![]() 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 DISCUSSION |
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Previous Stories:
- March 28, 2002: Westerfield To Make Court Appearance
- March 25, 2002: $24,000 Left In Van Dam Search Fund
- March 24, 2002: Van Dam Family Honors Volunteers, Police
- March 19, 2002: Neighborhood Danielle Memorial Removed
- March 19, 2002: Danielle Memorial May Be Scrapped
- March 17, 2002: Memorial Celebrates Danielle van Dam
- March 15, 2002: San Diegans To Remember Danielle At Memorial
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- 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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