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Westerfield Pre-Trial Still Closed

Jury Selection To Begin Friday

POSTED: 5:14 pm PDT May 13, 2002
UPDATED: 6:14 pm PDT May 13, 2002

A judge may rule Wednesday on whether a jury will learn about accused child killer David Westerfield's statements to police or the pornography found on his computer, the lead prosecutor in the case said Monday.

Deputy District Attorney Jeff Dusek made the comment after the fourth day of a closed-door pretrial hearing, in which a steady stream of witnesses made their way to and from the courtroom of Judge William Mudd.

Danielle van Dam
DANIELLE VAN DAM 1994-2002
DISCUSSION
Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in the death of 7-year-old Danielle van Dam.

The closed hearing on pretrial motions will resume Tuesday morning.

Jury selection is slated to begin Friday in Westerfield's potential death penalty trial.

Outside the courtroom, Dusek told reporters that Mudd could announce decisions on the motions Wednesday morning.

Monday'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 Danielle's parents reported her 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.

Attorneys also questioned forensic computer analysts with the San Diego Police Department and FBI.

The police computer specialist, James Watkins, testified earlier at Westerfield's preliminary hearing that child porn was found during searches of the defendant's computer equipment.

Prosecutors want Mudd to allow them to show a jury the materials found in Westerfield's computer, to prove his motive was to sexually molest the victim after he allegedly took the child from her bedroom in Sabre Springs the night of Feb. 1.

Westerfield's attorneys argue that the child pornography charge should be handled separately from the murder and kidnapping charges.

Westerfield, who lived two doors down from the van Dams in Sabre Springs, was arrested Feb. 22 after nearly 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 the 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. The victim's hair was also found in the motorhome, according to prosecutors.

Last week, Dusek told the judge that two missing teeth indicate Danielle 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 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.

They are expected to be called into court near the end of the hearing, 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 to inform reporters and the public of rulings made in closed session.


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