SAN DIEGO -- David Westerfield's lawyers filed a motion Thursday to postpone his sentencing, saying they need time to investigate claims that 7-year-old Danielle van Dam was killed in the bedroom of her Sabre Springs home.

WESTERFIELD TRIAL Judge William Mudd Issues Death Penalty Sentence Hear Jury's Death Penalty Recommendation Watch The Jury's Verdict Being Read Share Your Thoughts DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

Westerfield, 50, was convicted three months ago of murder and murder during a kidnapping. The same jury that found him guilty of killing the child recommended he be put to death.

Superior Court Judge William Mudd has set sentencing for Nov. 22.

But attorney Robert Boyce said the defense needs time to investigate claims in a San Diego Magazine article that law enforcement sources told the author that Danielle was killed in her bedroom the night of Feb. 1, 2001, or early the next morning.

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Argument Centers On Question Of Kidnapping

In the article, the author quotes a police department source who states that Westerfield, after entering Danielle's bedroom, "hit her, and that was it."

The magazine also stated that "all sourced information included in the story has been (at least) triple-checked."

In his motion, Boyce said the information is material and relevant to the charged offenses of kidnapping, felony murder based on kidnapping and the kidnapping special circumstance allegation -- which was the basis for the imposition of the death penalty.

Boyce said Westerfield's legal team also needs time to obtain "discovery" from the District Attorney's Office and to determine the source of the information provided to the San Diego Magazine reporter who wrote last month's article.

The attorney said Westerfield will suffer significant "prejudice" if the sentencing is not continued.

Prosecutors argued at trial that Danielle was alive when she was kidnapped from her bedroom, then killed sometime after Westerfield took her to his bedroom and later to his motor home.

The victim's body was discovered Feb. 27 under a tree off Dehesa Road in the East County. The discovery, made by volunteer searchers, came five days after police arrested Westerfield for murder.

Boyce said the defense is preparing a new trial motion based on several, unspecified grounds.

The attorney said media requests for sealed documents in the case and writs requesting appellate review, along with personal matters, have detracted from the preparation of a new trial motion.