Defense Portrays Westerfield As Father, Friend
Killer Of Danielle Van Dam Faces Death Penalty
POSTED: 3:47 p.m. PDT August 29, 2002
UPDATED: 4:03 p.m. PDT August 29, 2002
SAN DIEGO -- Convicted child killer David Westerfield's eyes welled with tears Thursday during the penalty phase of his trial, as his sister testified about their childhood and his adult years.
Tania P. described an idyllic childhood on an island in the middle of a lake in Maine, followed by sometimes difficult adult years marked by the defendant's divorce from his first wife.
Westerfield, who could get the death penalty for killing 7-year-old Danielle van Dam, divorced a woman known as "Jackie" in 1996 after about 17 years of marriage.
Tania said her brother still loved Jackie, but she wanted to divorce. The sister said Westerfield was worried about the impact the split would have on his two children.
Westerfield's eyes pooled as he watched Tania cry frequently during her testimony. He rubbed his cheek once and his right eye as she described his divorce.
The defendant has remained almost stoic during months of suspicion, arrest, pretrial hearings and trial testimony. Reporters who looked closely thought he trembled, though, when the verdicts that could send him to death row were read last week.
Under cross-examination by Deputy District Attorney Jeff Dusek, Tania said her brother lacked for little during his childhood, and agreed there was no drug and alcohol abuse, physical abuse or molestation among family members to provide a negative influence.
When the family moved back to San Diego in 1967, Westerfield entered Madison High School. He married Jackie in 1979. Their first child, Lisa, was born two years later. A son, Neal, came a couple of years later.
"He got to enjoy his daughter's development through life?" Dusek asked, implying that Brenda and Damon van Dam will never get that opportunity.
"Yes, he did," Tania said.
"He got to see all the milestones through life?"
"Yes, he did."
After discussing Lisa's graduation from high school, Dusek pressed on.
"What I'm concerned with is he's then able to enjoy the growth of his children?"
"Yes, he has," she agreed.
"And he seems to know how important that is to a parent, doesn't he?"
"Yes."
That brought a loud sob from Brenda van Dam, who got up and left the courtroom.
Westerfield, 50, was convicted of kidnapping and killing Danielle and possessing child pornography. The same jury is listening to evidence which will help them decide between a recommendation of death by injection or life in prison without parole.
Superior Court Judge William Mudd will make the final decision.
Earlier Thursday, former co-workers and employers described Westerfield as a creative, talented design engineer who put others' needs ahead of his.
Ron Lawrence (pictured, left), a self-employed mechanical designer, said the defendant was involved in the design of an underwater tracking device when the two met in 1977.
Lawrence told Dusek that the man convicted of killing the Sabre Springs second-grader was generous with his time.
"He would (help) strangers, too," Lawrence testified.
The witness said Westerfield designed a continuous passive motion device that helps patients recover from knee or hip surgery.
"David was very key on that project," Lawrence said. "He was there. He did it."
Carmen Genovese, who worked as Westerfield's supervisor a number of times over the past 20 years, testified that the defendant also worked on a silicone implant device for the hand.
"He has a patent on it," Genovese said.
The engineer, a longtime friend of the defendant, said Westerfield also designed a computer device that answers the phone and connects to the Internet, as well as a stainless steel optic device.
"It was a very difficult job," Genovese testified. "He's a very creative guy. If he weren't talented, I wouldn't keep hiring him."
Genovese (pictured, right) said he hired the defendant for three jobs and used him as a consultant on another.
Another witness who described Westerfield's helpful nature was David Petch, now the principal engineer at Torrey Pines Research. Petch shared an office with the defendant for two years at another firm in the mid-1980s before being let go for what he called "attendance reasons." But he got his job back.
"Dave was instrumental in doing that," Petch testified, saying Westerfield intervened with his boss.
Judy Ray, owner of Pre-Packaged Products Inc., said Westerfield's work was critical to her firm's development of low-cost, easy-to-use medical devices.
"The whole idea of the products is to make them easy to use in the home ... otherwise, patients won't do it," Ray said.
Yet, Ray said Westerfield did a lot of work that never reached the market because the devices were too costly.
In his opening statement in the penalty phase, Westerfield's lead attorney, Steven Feldman, said his client "was not the worst of the worst" for whom the death penalty is intended.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
Westerfield's eyes pooled as he watched Tania cry frequently during her testimony. He rubbed his cheek once and his right eye as she described his divorce.
The defendant has remained almost stoic during months of suspicion, arrest, pretrial hearings and trial testimony. Reporters who looked closely thought he trembled, though, when the verdicts that could send him to death row were read last week.
Under cross-examination by Deputy District Attorney Jeff Dusek, Tania said her brother lacked for little during his childhood, and agreed there was no drug and alcohol abuse, physical abuse or molestation among family members to provide a negative influence.
When the family moved back to San Diego in 1967, Westerfield entered Madison High School. He married Jackie in 1979. Their first child, Lisa, was born two years later. A son, Neal, came a couple of years later.
"He got to enjoy his daughter's development through life?" Dusek asked, implying that Brenda and Damon van Dam will never get that opportunity.
"Yes, he did," Tania said.
"He got to see all the milestones through life?"
"Yes, he did."
After discussing Lisa's graduation from high school, Dusek pressed on.
"What I'm concerned with is he's then able to enjoy the growth of his children?"
"Yes, he has," she agreed.
"And he seems to know how important that is to a parent, doesn't he?"
"Yes."
That brought a loud sob from Brenda van Dam, who got up and left the courtroom.
Westerfield, 50, was convicted of kidnapping and killing Danielle and possessing child pornography. The same jury is listening to evidence which will help them decide between a recommendation of death by injection or life in prison without parole.
Superior Court Judge William Mudd will make the final decision.
Earlier Thursday, former co-workers and employers described Westerfield as a creative, talented design engineer who put others' needs ahead of his.
Ron Lawrence (pictured, left), a self-employed mechanical designer, said the defendant was involved in the design of an underwater tracking device when the two met in 1977.
Lawrence told Dusek that the man convicted of killing the Sabre Springs second-grader was generous with his time.
"He would (help) strangers, too," Lawrence testified.
The witness said Westerfield designed a continuous passive motion device that helps patients recover from knee or hip surgery.
"David was very key on that project," Lawrence said. "He was there. He did it."
Carmen Genovese, who worked as Westerfield's supervisor a number of times over the past 20 years, testified that the defendant also worked on a silicone implant device for the hand.
"He has a patent on it," Genovese said.
The engineer, a longtime friend of the defendant, said Westerfield also designed a computer device that answers the phone and connects to the Internet, as well as a stainless steel optic device.
"It was a very difficult job," Genovese testified. "He's a very creative guy. If he weren't talented, I wouldn't keep hiring him."
Genovese (pictured, right) said he hired the defendant for three jobs and used him as a consultant on another.
Another witness who described Westerfield's helpful nature was David Petch, now the principal engineer at Torrey Pines Research. Petch shared an office with the defendant for two years at another firm in the mid-1980s before being let go for what he called "attendance reasons." But he got his job back.
"Dave was instrumental in doing that," Petch testified, saying Westerfield intervened with his boss.
Judy Ray, owner of Pre-Packaged Products Inc., said Westerfield's work was critical to her firm's development of low-cost, easy-to-use medical devices.
"The whole idea of the products is to make them easy to use in the home ... otherwise, patients won't do it," Ray said.
Yet, Ray said Westerfield did a lot of work that never reached the market because the devices were too costly.
In his opening statement in the penalty phase, Westerfield's lead attorney, Steven Feldman, said his client "was not the worst of the worst" for whom the death penalty is intended.
Previous Stories:
- August 29, 2002: Friends Testify On Westerfield's Behalf
- August 28, 2002: Van Dams Talk About Danielle's Life
- August 28, 2002: Girl Accuses Westerfield Of Molesting Her
- August 28, 2002: Experts: Death For Westerfield Unlikely
- August 27, 2002: Still Photographers Remain Banned From Westerfield Trial
- August 26, 2002: Westerfield Jurors To Watch Danielle Montage
- August 26, 2002: Westerfield Defense Fighting To Keep Witnesses Out
- August 23, 2002: Judge Mudd Boots Photographers From Courtroom
- August 23, 2002: David Westerfield Found Guilty On All Counts
- August 22, 2002: Westerfield Lawyers Gearing For Sentence Fight
- August 21, 2002: San Diegans React To Westerfield Verdict
- August 20, 2002: Westerfield Jury Still Talking It Out
- August 20, 2002: Westerfield Jury Enters Day 9
- August 19, 2002: Westerfield Jury: No Decision After 8 Days
- August 19, 2002: Westerfield Trial Jurors Back To Work
- August 16, 2002: Jury Goes Home; Asks For More Evidence
- August 15, 2002: Day Six Of Deliberations Offers No Verdict
- August 15, 2002: Jurors Continue Poring Through Evidence
- August 14, 2002: Westerfield Jury Into Fifth Day
- August 13, 2002: Westerfield Jury: Four Days, No Decision
- August 13, 2002: Judge Denounces Talk Show 'Idiots'
- August 13, 2002: Jury Asks For Westerfield Interview
- August 13, 2002: No Decision From Westerfield Jury
- August 12, 2002: More Westerfield Search Warrant Affidavits Released
- August 12, 2002: Westerfield Jury Resumes Deliberations
- August 9, 2002: Westerfield Jury Goes Home After Half-Day
- August 8, 2002: Westerfield's Fate In Jury's Hands
- August 8, 2002: Radio Producer Kicked Out Of Westerfield Trial
- August 8, 2002: Westerfield Trial Close To Finishing
- August 7, 2002: Feldman Decries 'Sinister Spin'
- August 7, 2002: Dusek: Westerfield 'Guilty Of Ultimate Evil'
- August 6, 2002: Dusek: Westerfield 'Guilty To The Core'
- August 6, 2002: Dusek: The Case Is Simple
- August 2, 2002: Westerfield Trial Close To Wrapping Up
- August 2, 2002: Westerfield Defense Set To Rest Case Tuesday
- August 1, 2002: Another Entomologist Takes Stand In Westerfield Trial
- July 31, 2002: Westerfield Trial: Bug Expert Challenges Defense
- July 30, 2002: Westerfield Jury May Be Sequestered
- July 29, 2002: Westerfield Trial Could Last Into Next Week
- July 25, 2002: Expert: Danielle Had Been Dead 4-6 Weeks
- July 25, 2002: Mudd Threatens To Kick Cameras From Courtroom
- July 25, 2002: Forensic Expert Counters Defense Bug Evidence
- July 24, 2002: Westerfield's Son Takes Stand
- July 24, 2002: Judge Mudd Gives Media Tongue-Lashing
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- 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: Damon Van Dam Kicked Out Of Courtroom
- 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
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