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Documents: Dogs Alerted Police To Westerfield

Document Filed In Response To Questions Over Procedure

POSTED: 5:54 pm PDT April 11, 2002
UPDATED: 6:15 pm PDT April 11, 2002

A police dog was agitated near a garage and "hit" on something upstairs during a search of David Westerfield's home after Danielle van Dam was reported missing, according to documents filed Thursday.

Danielle van Dam
DANIELLE VAN DAM 1994-2002
DISCUSSION
Detectives, who also believe Westerfield's motorhome may have been used to transport the victim, said search dogs alerted on a storage area on the exterior of the vehicle, near the main entrance on the passenger side, the documents state.

Prosecutors filed their response to a defense motion claiming detectives failed to honor Westerfield's request for an attorney and used improper methods to question him in the days after the 7-year-old's disappearance.

Westerfield, 50, lived two doors down from the victim. He is charged with kidnapping, murder and 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.

David Westerfield listens to proceedingsProsecutors will announce later whether they intend to seek life in prison without parole or capital punishment should Westerfield (pictured, right) be 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 the interim, the case drew nationwide attention.

Westerfield's attorneys argued in a motion filed with Superior Court Judge William Mudd last week that they should be able to review the personnel files of 13 officers involved in the case to see if there was any history of past misconduct.

But prosecutors said Mudd need only review the personnel records of detectives Mike Ott and Mark Keyser for the names and telephone numbers of any witnesses with information relevant to complaints received during the last five years about their credibility, or complaints about the detectives giving suspects their Miranda rights.

Ott and Keyser interviewed Westerfield on Feb. 4, two days after the girl disappeared.

They also drove with the defendant on the exact 600-mile route he said he traveled the weekend Danielle van Dam turned up missing. A hearing on the "Pitchess" motion is set for April 18.

Mudd ruled Tuesday that future motions in the Westerfield case will be filed under seal until hearings scheduled for May 6.

The judge also ruled there would be no live TV coverage of the pretrial hearings in the case. Trial is set to begin May 17.

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


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