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DA: Deny Westerfield Access To Police Records

Westerfield's Lawyers Want To Review Complaints Against Officers

POSTED: 2:33 pm PDT April 15, 2002
UPDATED: 3:07 pm PDT April 15, 2002

David Westerfield's request for the personnel files of 13 police officers involved in the investigation of Danielle van Dam's death should be denied, city attorneys argued in a response released Monday.

Danielle van Dam
DANIELLE VAN DAM 1994-2002
DISCUSSION
"There has been insufficient showing of good cause for disclosure of the records requested," attorney Paul E. Cooper wrote in his response for the city. "The (legal) privilege given such records is unique and is not easily breached."

Westerfield, 50, is accused in the 7-year-old's death.

The second-grader's parents discovered their daughter missing the morning of Feb. 2. Her body was found Feb. 27 near Dehesa, after weeks of searching by volunteers and law enforcement, and a barrage of national media attention.

Defense attorneys Steven Feldman and Robert Boyce want to review all records of complaints against the named officers as they relate to reputation for truthfulness and veracity, or a capacity to testify and investigate truthfully.

Westerfield's attorneys also are asking for the names, addresses and telephone numbers of people with complaints against any of the officers.

The attorneys also want Superior Court Judge William Mudd to let them review records regarding use of excessive force or aggressive conduct or violation of constitutional or statutory rights, including Miranda rights and rights to counsel, in interviewing suspects and witnesses.

"There is no showing, moreover, that any misconduct by the officer in the past would be material to the present case," Cooper wrote in his response.

Mudd is expected to convene a hearing on the defense motion Thursday.

Prosecutors say the judge needs only review the personnel records of detectives Mike Ott and Mark Keyser.

They interviewed Westerfield two days after the girl disappeared and accompanied him on the 600-mile route he said he traveled the weekend Danielle van Dam turned up missing.

Mudd ruled last week that future motions in the Westerfield case will be sealed 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.

Westerfield's defense team still may ask that the trial be moved out of San Diego County due to pretrial publicity. Prosecutors could ask that inquiries be limited into the supposed "swinging" lifestyle of Danielle's parents, Brenda and Damon van Dam.

A police dog tracking the scent of Danielle van Dam after she was reported missing became agitated near Westerfield's garage, according to prosecution documents.

Detectives, who believe Westerfield's motorhome may have been used to transport the victim, said search dogs also showed signs of recognition while sniffing a storage area on the exterior of the vehicle, the documents state.

Westerfield 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.

Prosecutors will announce later whether they intend to seek capital punishment should Westerfield be found guilty.


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