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Westerfield's Son Takes Stand

Defense Rests, Prosecution Rebuttal Under Way

POSTED: 10:25 am PDT July 24, 2002
UPDATED: 6:07 pm PDT July 24, 2002

The son of accused child killer David Westerfield has testified that he never downloaded pornography onto his father's computer and disputed previous testimony concerning trips to the desert.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
David Neal Westerfield, a San Diego State University student who will be 19 years old Thursday, said he viewed pornography once or twice each month on a computer in the office of his father's Sabre Springs house in recent years.

He was called as a prosecution rebuttal witness after the defense rested its case after one witness testified in the morning. Superior Court Judge William Mudd ordered that the young man's face not be photographed.

Mudd Gives Media Tongue-Lashing

The younger Westerfield said he generally viewed hentai cartoon-like drawings and photographs of big-breasted women on the Web.

Video
"Would you ever download such material?" prosecutor Jeff Dusek asked.

"No," he answered.

"Do you know if your father had pornography in the house?" Dusek asked.

"I found some on his computer and I found it on disks in his office," he replied.

David A. Westerfield, 50, faces the death penalty if convicted of murder and kidnapping charges in the death of 7-year-old Danielle van Dam. He also is charged with misdemeanor possession of child pornography.

The prosecution maintains that the presence of pornography provides the motive for the crime.

The son, who goes by his middle name of Neal, said he found a link to a pornographic Web site after accessing the Windows start button on one of two Hewlett-Packard computers in his dad's office. He said he found CDs and zip disks on a bookshelf while looking for a game.

A computer forensics examiner previously testified that child porn was found on those disks.

The defense had argued there was no proof of who actually downloaded the material and had displayed screen shots that pornography was viewed Feb. 4, when the defendant was at a police station.

Neal Westerfield said he signed up for memberships in pornographic Web sites in early 2000, along with e-mail service and discussion forums -- using random screen names.

"I remember I used 'Bob Dole' once," he said, offering one of the day's fewer light moments.

He said defense attorney Steven Feldman showed him the screen shots from Feb. 4.

"He told you what they proved?" Dusek asked.

Video
"Yes," the defendant's son answered.

"Even now, do you remember accessing pornography on the fourth of February?" Dusek asked.

"No," the witness replied.

The younger Westerfield also shot holes in a defense attempt to back up the defendant's story to police about his wanderings the weekend Danielle was discovered missing.

Westerfield told detectives that he drove to Glamis by taking back roads past the mountain community of Julian. Two witnesses later testified that route is taken to avoid black ice commonly found on Interstate 8 during the winter. But Westerfield's son said they used to take the freeway all the time when they went to Glamis, in Imperial County.

"It seemed like a freeway," Neal Westerfield said. He was able to play video games and read because the road was relatively flat, he said.

The young man estimated having gone to Glamis with his father more than 20 times. He also said, once in Glamis, they rarely camped in a wash too far from the town because of safety concerns.

The weekend Danielle went missing, the defendant's motor home became stuck in sand in one of the outlying washes.

"Do you ever remember going to the beach and the desert in the same trip?" Dusek asked.

"No," the witness said, raising questions as to why the defendant would do so on the weekend in question.

Westerfield's son testified that the night Danielle disappeared from her home, he spent the night at a friend's home. He said he went to bed around 3 a.m. on Feb. 2 after playing video games all night long.

He testified that he stayed at his mother's home the next day, then went with his mother to his father's residence to make sure that the front door was locked. It was, and his father wasn't home when he and his mother arrived, he said.

The younger Westerfield said he would normally switch from his mother's house to his father's home on Sunday, but his father had informed him a week earlier that he would be out of town.

He testified that he went to his dad's home -- located two doors down and across the street from the van Dam residence -- on Monday, Feb. 4, and played video games. The witness said his father left and returned home around midnight.

The defense declined a chance to cross-examine the younger Westerfield, but said they might call him back, depending on how matters involving evidence work out.

Earlier, the defense rested its case-in-chief with testimony from a forensic artist who displayed still photos of television coverage of the defendant and police in front of his home.

The second-grader's body was discovered beside a road east of El Cajon Feb. 27, five days after Westerfield's arrest.

The defense contends Westerfield was under tight police surveillance beginning Feb. 5, making it physically impossible for him to have placed the body there.

KGTV Programming Note: Due to 10News' coverage of the David Westerfield trial, Wednesday's episode of One Life To Live will are early Thursday morning starting @ 1:40 a.m. Click here for more information.


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