Westerfield Sentenced To Death Penalty
Danielle's Killer Becomes California's 617th Death Row Inmate
POSTED: 9:24 am PST January 3, 2003
UPDATED: 3:09 pm PST January 3, 2003
SAN DIEGO -- David Westerfield was sentenced Friday to die by lethal injection for the kidnapping and murder of his 7-year-old neighbor, Danielle van Dam.
Westerfield, 50, declined to say anything before the sentence was handed down by Superior Court Judge William Mudd, who earlier rejected a defense request to set aside a jury recommendation for the death sentence.
Brenda van Dam, the mother of Danielle, spoke out angrily before the sentencing, calling on Westerfield to apologize for his actions."Our precious Danielle was taken by a monster, thinking only of self-gratification and not thinking about the sweet little child he was harming and about how his crime would affect her family, the community and the world," van Dam told Westerfield as she fought back tears."It disgusts me that your sick fantasies and pitiful needs made you think that you needed Danielle more than her family.""I ask you .... why did you not let her go?" she said. "Why didn't you drop her off in a safe place? If you had done so, she would be with her family now and you would not be facing death.""What were you thinking as you killed her? Did she not touch your heart one bit? If not, you are heartless. You are an empty shell. You are nothing. ""If she did, reclaim some decency and apologize to her brothers, her parents and your own children and this community. This should not be happening to our children. Our children should be able to be innocent children, and safe in our community and our world. You do not deserve any leniency, any mercy, because you refused to give it to Danielle."Danielle's father, Damon van Dam, said he regretted that he will never see his daughter grow up."I'll never get to see her be a doctor or a teacher. I'll miss seeing her going to the prom. I'll miss her graduation. I'll miss seeing her go off to college and seeing what she will become," he said. "We know we have a whole lot of hearts that will never heal."Lead prosecutor Jeff Dusek said Westerfield should get no credit for having demanded a speedy trial for Danielle's murder last February."He was not trying to save the community, the system, or anybody any anguish," Dusek said. "He was trying to beat a murder charge. That's why he rushed to trial."There are many things that we will never know in this case. Why that child? Why that night? How did he really do it? When did he do it? But we will know one thing for certain, that he did it. And he deserves the death penalty."Mudd ordered that Westerfield be transported to San Quentin State Prison to await imposition of his death sentence. The sentence will be automatically appealed to the California Supreme Court, meaning it could be years before he is executed.Westerfield was found guilty Aug. 21 of murder, a special circumstance allegation of murder during a kidnapping, and possession of child pornography. A few weeks later, the same jury that convicted the self-employed design engineer recommended he be put to death.In court documents filed prior to Friday morning's hearing, Westerfield's attorneys reminded Mudd that he found that San Diego police Detective Mo Parga lacked credibility when she testified in pretrial hearings that she didn't know she was violating the defendant's rights while he was detained by officers.Mudd said during the trial that he was troubled by the fact that Parga didn't know that a search warrant was being prepared for Westerfield's car, motor home, trailer, home and him, according to the defense documents.The attorneys also stated that two San Diego police detectives may have been ordered to violate Westerfield's rights when they tried to speak to him or show him photographs in jail the day after the Sabre Springs second-grader's body was discovered."Here, the state's misconduct was extreme, blatant, outrageous and undermined the integrity of the judicial process," the attorneys wrote, an argument that defense attorney Steven Feldman reasserted in court.Dusek said in response to the defense motion that no detective had it in for Westerfield -- as his attorneys claimed -- and that the finding of a special circumstance of murder during a kidnapping was warranted."Frankly, any other decision would have been unexplainable," Dusek wrote. "The jury's decision was right and appropriate. It must not be reduced."Mudd concurred, noting that testimony arising from questionable police action was kept out of the trial.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
VAN DAM TIMELINE Feb. 1: Danielle last seen when her father puts her to bed about 10 p.m. in her family's San Diego home. Feb. 2-3: Neighbor David Westerfield, 50, spends weekend traveling around San Diego County in his motor home. Feb. 5-6: Police search Westerfield's home and impound motor home. Search turns up child pornography. Feb. 22: Police arrest Westerfield after Danielle's blood is found on his clothing and in motor home. He later pleads not guilty to murder, kidnapping and possession of child pornography. Feb. 27: Volunteers discover Danielle's nude body 25 miles outside city. June 4: Trial begins. Aug. 8: Jury begins deliberations. Aug. 21: Westerfield convicted of all three charges. He faces life in prison or a death sentence after penalty phase that begins Aug. 28. Sept. 16: Jury recommends the death penalty. Jan. 3: Judge sentences Westerfield to death. |
Previous Stories:
- December 16, 2002: Westerfield Lawyers Argue For Life In Prison
- November 22, 2002: Van Dams Speak Out About Delay
- November 22, 2002: Judge Postpones Westerfield Sentencing
- November 21, 2002: What You Didn't Know From The Westerfield Trial
- November 18, 2002: DA Responds To Westerfield Request
- November 14, 2002: Westerfield Lawyers Seek To Postpone Sentencing
- October 9, 2002: Woman Files Suit Against Westerfield
- September 27, 2002: David Westerfield's Home Sold
- September 26, 2002: Woman Gets Job Back After Smoking Pot With Van Dams
- September 19, 2002: Westerfield Transcripts Released
- September 19, 2002: Van Dams Share Thoughts With 10News
- September 18, 2002: Detectives: Westerfield Might Have Gotten Away
- September 17, 2002: Van Dams Call Westerfield A Monster; Thank Jury
- September 17, 2002: Report: Westerfield Lawyers Tried To Plea Bargain
- September 17, 2002: Westerfield Jury Foreman: 'It Was The Blood'
- September 16, 2002: Westerfield Jury Deadlocked In Penalty Phase
- September 13, 2002: Westerfield Judge: Death Penalty Constitutional
- September 11, 2002: Deliberations Will Wait For Ill Juror
- September 10, 2002: Westerfield Juror Hospitalized
- September 9, 2002: Experts: Westerfield Jury Difficult To Gauge
- September 9, 2002: Fourth Day Of Deliberations Under Way
- September 6, 2002: Jurors Ask For 10News Interview
- September 5, 2002: Jury Re-Hears Westerfield Niece Testimony
- September 5, 2002: Jury Deliberates Penalty For Second Day
- September 4, 2002: Jury Deliberating Westerfield's Fate
- September 4, 2002: Final Arguments Made In Westerfield Trial
- September 3, 2002: Family, Friends Speak Fondly Of Westerfield
- September 2, 2002: Westerfield's Children Expected To Testify This Week
- August 29, 2002: Defense Portrays Westerfield As Father, Friend
- 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
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