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No Live Press For Westerfield Pretrial Hearings

Pretrial Motion To Remain Sealed

POSTED: 12:59 pm PDT April 10, 2002
UPDATED: 9:52 am PDT April 11, 2002

Pretrial motions will remain sealed until hearings next month in the case of a Sabre Springs man accused of kidnapping and killing 7-year-old Danielle van Dam.

David Westerfield listens to proceedings

Danielle van Dam
DANIELLE VAN DAM 1994-2002
DISCUSSION

Superior Court Judge William Mudd also ruled there would be no live television coverage of the pretrial hearings in the case of David Westerfield (pictured, right). Those hearings are set for May 6, with trial scheduled to begin May 17.

Westerfield, 50, who lived two doors down from the victim, is charged with kidnapping, murder, possession of child pornography in connection with the girl's death.

He also faces a special circumstance allegation of murder during a kidnapping, which could lead to the death penalty if he is convicted.

Prosecutors will announce later whether they intend to seek life in prison without parole or capital punishment if Westerfield is found guilty.

Brenda and Damon van Dam discovered their daughter missing from her upstairs bed the morning of Feb. 2. Searchers found her partially decomposed body just off an East County road on Feb. 27.

In motions filed last week, Westerfield's attorneys claim police ignored their client's request to talk to a lawyer and questioned the defendant so vigorously that he started to unravel.

Westerfield's attorneys claim they are entitled to examine the personnel files of officers involved in the case to see if they have been involved in past misconduct.

A hearing on that request is set for April 18.

Other possible pretrial motions might include a defense request to move Westerfield's trial from San Diego County, and a prosecution motion to limit inquiries into the supposed "swinging" lifestyle of the victim's parents.

Mudd made his ruling on the pretrial motions Tuesday.


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