Westerfield Fights To Keep Search Warrants Sealed
News Media Eager To Learn What Police Were Looking For
POSTED: 11:33 am PDT April 17,
2002
UPDATED: 6:03 pm PDT April 17,
2002
SAN DIEGO -- The 4th District Court of Appeal heard oral arguments Wednesday regarding a motion to unseal search warrant affidavits for in the Danielle van Dam murder case, 10News reported.
Lawyers from the San Diego Union-Tribune are the driving force behind the legal battle. Lawyers for the paper argue that the public has a right to see the affidavits, which outline why police went into the home and recreational vehicle of David Westerfield while investigating 7-year-old Danielle van Dam's disappearance.Members of the San Diego news media have been eager to gain access to those records for several months, but Westerfield's lawyers have objected, arguing that the affidavits may paint an inaccurate picture of the investigation.
In Wednesday's hearing Judge Richard Hoffman offered a reason as to why the affidavits might taint the public's view of Westerfield (pictured, right)."It is legitimate in a search warrant to use hearsay, it is legitimate to use multiple layers of hearsay. It is legitimate to use items that are not admissible as evidence. And it is legitimate for a search warrant to actually be erroneous, as long as it's rendered in good faith and a reasonable officer and a reasonable magistrate would have believed it at the time," Hoffman said.Union-Tribune attorney Guylyn Cummins told 10News that she hopes the court will rule on the side of the news media."Obviously, we believe the public is entitled to access to these records," Cummins said.The court has said that the affidavits would be released after the trial, but Cummins has argued that the documents need to be released now because "we don't have a secret arrest system.""It's important for the public to be able to monitor the search warrant system, as much as the judicial process," she said.
 DANIELLE VAN DAM 1994-2002 DISCUSSION  Share your feelings, thoughtsEmail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Previous Stories:
- April 15, 2002: DA: Deny Westerfield Access To Police Records
- 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 13, 2002: Westerfield Hearing Takes A Break
- 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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