Westerfield: Desert A 'Great Place To Dump A Body'
Damon Van Dam Allowed Back Into Court
POSTED: 8:45 am PDT July 11, 2002
UPDATED: 2:14 pm PDT July 11, 2002
SAN DIEGO -- During a drive in the desert to show detectives where he camped the weekend a neighbor girl disappeared, David Westerfield commented that the area would be a "great place to dump a body," according to an affidavit released Thursday.
Later that day, when a detective said it would be nice to know where 7- year-old Danielle van Dam's body was located, Westerfield told him to just be patient and police "will get the information they need," the affidavit states.When asked when that would be, Westerfield said it would be sooner than they think, according to the affidavit.A total of five affidavits used to support search warrants during the investigation of Westerfield were released at the San Diego County Courthouse.The release came at the beginning of an 11-day break in Westerfield's trial.Before that break, the judge in the case ruled that Danielle's father will be allowed back into the courtroom where her alleged killer is on trial, providing that he refrain from staring at the defendant.Superior Court Judge William Mudd said he would give Damon van Dam another chance because he was satisfied that "he's had enough time to think about this.""But you should know, Mr. van Dam, if I get one report of one incident, I will bar you from the courthouse," Mudd said.Mudd was ruling on a motion by van Dam asking to be reinstated as an observer in the trial."They (the van Dams) want to be in court to provide emotional support for each other," said attorney Spencer Busby, representing van Dam.Saying he had "reached the limit," the judge barred Damon van Dam from the courtroom and third floor of the San Diego County Courthouse on June 25 on grounds that van Dam was trying to stare down accused murderer David Westerfield."Mr. Westerfield's position is, he has no problem with their presence, but we do have safety concerns," defense attorney Steven Feldman said.Prosecutor Jeff Dusek said he will make sure the van Dams are prepared to hear autopsy information and what the defense may say about their lifestyle "so that any visible reaction from them at closing will be muted."The trial is now in recess until July 22, while Mudd vacations with his wife.Westerfield, 50, is charged with murder, kidnapping, possession of child pornography and a special circumstance of murder during a kidnapping. He faces the death penalty if convicted.In testimony Wednesday, insect expert David Faulkner testified that Danielle van Dam's body was first invaded by insects 10 to 12 days before it was found Feb. 27. But the entomologist told a prosecutor that the body could have been there longer.Faulkner said he based his opinion on flies, beetles and the larvae of flies recovered from the victim's body during an autopsy and at the recovery site near Dehesa Road, in San Diego's East County.Insect activity around a body can be used to estimate the time of death in some legal actions, including murder cases.Attorneys for Westerfield said Faulkner's findings prove their client could not have killed the 7-year-old because he was under 24-hour police surveillance from Feb. 5 until his arrest on Feb. 22.
Defense attorney Feldman asked Faulkner (pictured, right) if he realized that his opinion -- and how it could tie into time of death -- could cause a problem for law enforcement.But Faulkner declined to be pinned down by the defense. "I had in my notes that the person may have been dead longer," the entomologist replied.Under questioning by Dusek, Faulkner said he was providing only a range of dates when the insects may have laid their eggs on the body.Dusek asked the entomologist whether he could estimate the maximum amount of time that the flies and beetles had invaded the body."It's very difficult to do," Faulkner testified."The science just isn't that good, is it?" the prosecutor asked.Faulkner reiterated the minimum time the insects were there but couldn't say what the maximum time was.Also Wednesday, Westerfield's former live-in girlfriend testified that Westerfield got forceful when he drank."Susan L." said the self-employed design engineer's drinking was part of the reason she left him."When the defendant would be drinking, would he be kind of forceful?" Dusek asked the witness."I remember an occasion when he did," the witness testified.The woman said she had just broken up with Westerfield when she saw on television that he was a suspect in the second-grader's Feb. 2 disappearance.The woman, whose full name was not disclosed in court because her own daughter was involved in the case, started to cry when Dusek asked her about the last time she had seen Westerfield."You still like him, don't you?" Dusek asked her."I care about him," she said as she broke down.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Previous Stories:
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
- June 12, 2002: Westerfield Interview Heard; Neighbor Says Blinds Shut
- June 12, 2002: Westerfield Trial: KGTV Reporter Takes Stand
- June 11, 2002: Van Dam Friends Take Stand; Westerfield 'Creepy'
- June 7, 2002: Westerfield Trial Focuses On Van Dam Lifestyle
- June 6, 2002: Day 3: Brenda Van Dam, Dad's Bar
- June 6, 2002: Brenda Van Dam Testifies In Westerfield Trial
- June 6, 2002: Day 2: Damon Van Dam, Autopsy Photos
- June 5, 2002: Damon Van Dam Takes Witness Stand
- June 5, 2002: Cases Outlined In Westerfield Trial
- June 4, 2002: Westerfield Trial Starts; Witnesses Take Stand
- June 3, 2002: Westerfield Trial Set To Get Under Way
- May 31, 2002: Westerfield Trial Jury Selection Complete
- May 31, 2002: Westerfield Trial Scheduled To Start Tuesday
- May 30, 2002: Jury Selection In Westerfield Trial Enters Third Day
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
- 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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