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
SAN DIEGO -- 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.
"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.
![]() DANIELLE VAN DAM 1994-2002 DISCUSSION Email: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
Previous Stories:
- April 12, 2002: Lie-Detector Specialist: Westerfield 'Deceptive'
- April 11, 2002: Documents: Dogs Alerted Police To Westerfield
- April 11, 2002: No Live Press For Westerfield Pretrial Hearings
- April 4, 2002: Westerfield Lawyer: Client Abused By Police
- March 28, 2002: Trial Date Set For Van Dam Murder Case
- March 28, 2002: Westerfield To Make Court Appearance
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- March 12, 2002: Testimony: Police Find Porn On Westerfield's Computer
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 8, 2002: Gag Order Issued In Van Dam Murder Case
- March 7, 2002: Police Acted Inappropriately Toward Westerfield
- March 4, 2002: Westerfield Affidavits To Remain Sealed
- February 27, 2002: Search Warrants Show Police Sought Child Porn
- February 27, 2002: Danielle's Parents Respond To Neighbor's Arraignment
- 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 14, 2002: Police Search Neighbor's House Again
- 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 5, 2002: Police Question Neighbor In Missing Girl Case
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