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Judge May Make Rulings In Westerfield Case

Jury Could Be Told About Westerfield's Statements To Police, Porn Found

POSTED: 9:03 am PDT May 15, 2002
UPDATED: 9:18 am PDT May 15, 2002

A closed pretrial hearing resumes Wednesday in the David Westerfield case as a judge considers whether a jury will be told about the accused killer's statements to police or pornography found on his computer.

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.

David Westerfield listens to proceedings

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

Judge William Mudd could announce decisions on the motions as soon as this afternoon.

Prosecutors want Mudd to allow them to show a jury the materials found in Westerfield's computer to prove that his motive was to sexually molest Danielle van Dam after he allegedly took her 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, Deputy District Attorney Jeff 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.

Mudd 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 that he may ask later for a change of venue.


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