Westerfield Trial: Pretrial Motions Remain Closed
Westerfield Accused Of Kidnapping, Murdering 7-Year-Old Girl
POSTED: 2:29 pm PDT May 10,
2002
UPDATED: 2:58 pm PDT May 10,
2002
SAN DIEGO -- A third day of a closed-door pretrial hearing concluded Friday with no word on whether a jury will eventually hear about David Westerfield's statements to police or the pornography found on his computer.Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in the death of 7-year-old Danielle van Dam.
His potential death penalty trial is set to begin next Friday with jury selection. Meantime, the closed pretrial motion hearing will resume Monday.
Friday's witnesses included Detective Mike Ott, one of two police officers who defense attorneys allege illegally interrogated Westerfield in the days after Feb. 2, when the victim's parents reported their daughter missing.Ott and partner Mark Keyser also went to the San Diego County Jail and tried to talk to Westerfield the day after the second-grader's body was found Feb. 27 off a road in Dehesa.Westerfield, who lived two doors down from the van Dams in Sabre Springs, was arrested Feb. 22 after three weeks of surveillance.The divorced self-employed design engineer told detectives he took his motorhome to Imperial Beach, then the desert, the weekend Danielle was reported missing.Detective Johnny Keene testified at a preliminary hearing that Westerfield had a number of small scratches on his left hand and arm when he was interviewed at his home the morning of Feb. 4.DNA experts testified that Danielle van Dam's blood and fingerprints were found in the defendant's recreational vehicle, according to preliminary hearing testimony. The victim's hair was also found in the motor home, according to prosecutors.They want Superior Court Judge William Mudd to allow them to show a jury the pornographic materials found in Westerfield's computer, to prove his motive was to sexually molest the victim after he allegedly took her from her bedroom in Sabre Springs the night of Feb. 1.Westerfield's lawyers argue that the child pornography charge should be handled separately from the murder and kidnapping charges.The judge also is expected to rule on a prosecution motion to limit the possible introduction of evidence into the alleged "swinging lifestyles" of Damon and Brenda van Dam.Also in question is whether a number of reporters would have to testify about interviews or encounters they had with Westerfield in the days after the child disappeared.Earlier this week, Deputy District Attorney Jeff Dusek told the judge that two missing teeth indicate Danielle van Dam suffocated when her abductor jammed something into her mouth.Doctors were unable to determine the cause of death or if the girl was sexually assaulted because her body was so decomposed, Dusek said.The judge also refused to make a firm decision on whether the jury in the upcoming trial will be sequestered, saying it "adds one more problem to finding a community jury to try this case."Defense attorney Steven Feldman said he may ask later for a change of venue.Mudd said he would reopen the courtroom at some point to inform reporters and the public of rulings made in closed session.
![]() DANIELLE VAN DAM 1994-2002 DISCUSSION E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
Previous Stories:
- May 8, 2002: Reporters Called In Westerfield Trial
- May 8, 2002: DA: Danielle Was Suffocated By Westerfield
- May 7, 2002: Pretrial Motions Start In Westerfield Case
- May 2, 2002: Westerfield Pretrial Motions To Remain Sealed
- May 1, 2002: Court: Westerfield Affidavits To Remain Sealed
- April 25, 2002: DA To Seek Death Penalty Against Westerfield
- April 19, 2002: Westerfield Given Limited Access To Police Records
- April 18, 2002: Press Kept Out Of Van Dam Murder Case
- April 18, 2002: Judge Reviews Cops' Files In Van Dam Murder Case
- April 17, 2002: Westerfield Fights To Keep Search Warrants Sealed
- 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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