David Westerfield
Encyclopedia
David Alan Westerfield of San Diego, California
was convicted and sentenced to death for the murder and kidnapping of seven-year-old Danielle Van Dam in 2002. He was a successful, self-employed engineer who owned a luxury motor home and lived two houses away from Van Dam. A divorce
d father of two college students, he is currently incarcerated at San Quentin State Prison
.
Law enforcement officials interviewed neighbors and soon discovered that Westerfield and another neighbor were not home that Saturday morning. Westerfield returned home at approximately 8 AM Monday morning. From that point on, he became the prime suspect. Westerfield stated that he did not know Danielle's location, and that he was at the same bar that Brenda had attended with her girlfriends on Friday night. Brenda was able to confirm this, but denied Westerfield's claim that they had danced together - however, two eyewitness
es testified to seeing them dance together. At the trial, Brenda said she could not remember if she danced with him or not .
Upon returning home, a haggard and bare-footed David Westerfield showed up at a dry cleaners to drop off two comforters, two pillow covers, and a jacket that would later yield Danielle Van Dam's blood. When law enforcement first interviewed Westerfield, he did not mention going to the dry cleaners. Westerfield stated that he had driven around the desert
and the beach
, and stayed at a campground. Law enforcement put Westerfield on 24-hour surveillance
on February 4, noting that he had given his RV a cleaning when he returned from his trip. The RV, his SUV, and other property was impounded for testing on February 5.
About three days before Danielle Van Dam's disappearance, Danielle and Brenda sold Girl Scout cookie
s to Westerfield who invited them into his home and chatted with Brenda .
after two small stains of her blood were found on his clothing and in his motor home. Danielle's severely decomposed body was found February 27. Westerfield did not have a criminal record.
His attorneys suggested that the police were in a rush to solve the case, and declined to consider other suspects.
found on Westerfield's computer might have been downloaded by Westerfield's 18-year-old son, Neal. Neal denied this. Part of Westerfield's defense focused on the lifestyle of Danielle Van Dam's parents. The defense suggested that the couple were known to have an open marriage
, and claimed that this lifestyle might have brought the kidnapper to their home. Westerfield's lawyers also charged that he was unfairly interrogated for more than nine hours by detectives who ignored his repeated requests to call a lawyer, take a shower, eat, and sleep.
The trial lasted two months and concluded on August 8. On August 21, the jury found him guilty of kidnapping and first degree murder. He also received an additional misdemeanor
charge for possessing sexual images of subjects under the age of 18 on his computer. Outrage ensued after the trial when evidence of prior plea talks (see below) surfaced in the media. Many people were concerned that Westerfield's attorneys misled the jury by fabricating the "unknown kidnapper scenario" when they clearly knew their client was involved in the crime because he knew the location of the body.
The science of entomology
was a major focus during the trial. Three entomologists were consulted by the defense, and all testified that flies first laid eggs on Van Dam's body sometime in mid-February, long after Westerfield was under police surveillance. However, cross-examination by the prosecution demonstrated a lack of consensus among the entomologists on several fronts. Entomologist David Faulkner conceded that his time estimate was based mostly on the fly larvae, and that his research could not determine the maximum amount of time Danielle's body was outside and subject to decomposition. Entomologist Neal Haskell used a weather chart prepared by forensic artist James Gripp, stating that the warm temperatures made it likely that insects immediately colonized Danielle's corpse. The third entomologist, Dr. Robert Hall, estimated that initial insect infestation occurred between February 12 and February 23, but acknowledged that the insect infestation of the corpse wasn't "typical" because so few maggots were found in the skull. The prosecution brought in a fourth entomologist, Dr. Madison Lee Goff, who testified that the infestation may have occurred between February 9 and February 14, but stressed that other factors may have delayed insect
arrival. He explained that a covering such as a blanket might have initially kept flies at bay; however no covering was found, and Goff contended that the longest delay by such a shroud would be two and a half days.
. The materials included brief movie clips that featured an underage girl being raped by one man while another man restrained her. These clips, including the sound of the girl struggling, were played in the courtroom. In all, two sets of movie clips, six animated cartoons, and 13 still images taken from computers, zip disks, or CD-Roms in David Westerfield's home were shown, each featuring underage girls.
girl from her bedroom in the middle of the night and raping her in 1999, for raping women in San Diego and sexually assaulting a 12-year-old girl in Sparks, Nevada
in 2001; however police did not believe that he murdered Van Dam. Prosecutor Jeff Dusek also read Selby's confession, and deemed it not credible. Selby - a divorced father of three - worked as a handyman and machinist and traveled often between San Diego and Tucson. It is believed that he was in the Tucson, Arizona
area when Van Dam was kidnapped in February 2002. Selby is believed to be responsible for a series of rapes in Arizona
from October 2001 to May 2002. He had a prior rape conviction in Colorado
. In addition, Selby claimed responsibility for the slaying of JonBenét Ramsey
. According to Deputy County Attorney Bradley Roach, "It was an aspect of his personality to confess to something to see what other people would say." Selby committed suicide in his jail cell on November 22, 2004.
. He is currently enrolled in the Handicraft program at San Quentin State Prison. The Van Dams sued
Westerfield, but the case was settled
out of court. The Van Dams were awarded $416,000 from several insurance
companies who insured Westerfield's home, SUV, and motor home. The settlement also prevented Westerfield from ever profiting from his crime.
When the trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away from negotiating a plea bargain
when a private citizen's group, started by the Laura Recovery Center
and concerned local citizens, found Danielle's body. According to these reports, under the deal, Westerfield would have taken police to the site where she was located in exchange for life without parole. Both the prosecution and the defense declined to comment on these reports.
During the penalty phase of the trial, Mr. Westerfield's nineteen-year-old niece testified that, when she was seven years old, her uncle entered his daughter's bedroom, where the niece was spending the night with her parents while attending a party, to check on the kids, and woke up finding him rubbing her teeth, and said she bit his finger as hard as she could. She went downstairs to tell her mother. Mr. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he was trying to comfort her. The incident was then forgotten.
In the months following the end of the trial audio tapes of Westerfield being interviewed were released to the media. In one police interview he tells investigators that he doesn't feel emotionally stable. He is told that he failed a polygraph test
. Westerfield tells him that he wants a retest and that he was not involved in Danielle's disappearance.
In the interrogation video tape made at the time of his first interview (02-05-2002), near the end of the interview Westerfield, who is given a momentary pause in the interview while one of the two officers leaves the room, puts his head down on the table. At 18:51:40 (timecode on the video tape) the remaining officer asks him, "Want to be left alone?" to which Westerfield replies, "No, it's okay." He then lifts his head and looks directly at the officer, pats the table beside him with his left hand and says, "If you wanted to leave your gun here for a few minutes, I'd appreciate it" in a seemingly sincere request to commit suicide if only given the opportunity. When the officer decries the choice as "silly," Westerfield makes a brief comment and then lays his head back down on the table.
It was recently revealed in an animal forensic show from US TV network, Animal Planet
, that the girl's dog played a huge witness to the crime. The dog, a weimaraner, was said to have rubbed and played a lot with the young girl and the fur was transferred from her pajamas to the interior of Mr. Westerfield's automobile. Also, clothing and other areas of location including above said bed sheets and comforters contained dog fur. Hinted in the show too, was the evidence of blood and a hand print matching that of Danielle were located within Mr. Westerfield's automobile. Mr. Westerfield is currently still sitting on death row awaiting execution.
The following years after the murder have led to higher states of awareness in San Diego's neighborhoods as well as the institution of funds and benefits made in her honor. The local elementary school that Danielle attended set up a portion of the park/open public area to be dedicated to the child. Her family still lives in Southern California and are active speakers for stricter guidelines for sexual predators and early warning signs.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
was convicted and sentenced to death for the murder and kidnapping of seven-year-old Danielle Van Dam in 2002. He was a successful, self-employed engineer who owned a luxury motor home and lived two houses away from Van Dam. A divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
d father of two college students, he is currently incarcerated at San Quentin State Prison
San Quentin State Prison
San Quentin State Prison is a California Department of Corrections and Rehabilitation state prison for men in unincorporated San Quentin, Marin County, California, United States. Opened in July 1852, it is the oldest prison in the state. California's only death row for male inmates, the largest...
.
The crime
On the Friday evening of February 1, 2002, Brenda Van Dam and a couple of her friends went out to a bar. Her husband Damon Van Dam stayed behind to look after their daughter Danielle and her two brothers. Damon put Danielle to bed around 10:30 p.m., and she fell asleep. Damon also slept until his wife returned around 2:00 a.m. with four of her friends. The six chatted for approximately a half hour, and then Brenda's friends went home. Damon and Brenda went to sleep believing that their daughter was safely sleeping in her room. The next morning, Danielle was missing. The couple frantically searched their home, but could not find her. They called the police at 9:39 a.m.Law enforcement officials interviewed neighbors and soon discovered that Westerfield and another neighbor were not home that Saturday morning. Westerfield returned home at approximately 8 AM Monday morning. From that point on, he became the prime suspect. Westerfield stated that he did not know Danielle's location, and that he was at the same bar that Brenda had attended with her girlfriends on Friday night. Brenda was able to confirm this, but denied Westerfield's claim that they had danced together - however, two eyewitness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es testified to seeing them dance together. At the trial, Brenda said she could not remember if she danced with him or not .
Upon returning home, a haggard and bare-footed David Westerfield showed up at a dry cleaners to drop off two comforters, two pillow covers, and a jacket that would later yield Danielle Van Dam's blood. When law enforcement first interviewed Westerfield, he did not mention going to the dry cleaners. Westerfield stated that he had driven around the desert
Desert
A desert is a landscape or region that receives an extremely low amount of precipitation, less than enough to support growth of most plants. Most deserts have an average annual precipitation of less than...
and the beach
Beach
A beach is a geological landform along the shoreline of an ocean, sea, lake or river. It usually consists of loose particles which are often composed of rock, such as sand, gravel, shingle, pebbles or cobblestones...
, and stayed at a campground. Law enforcement put Westerfield on 24-hour surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
on February 4, noting that he had given his RV a cleaning when he returned from his trip. The RV, his SUV, and other property was impounded for testing on February 5.
About three days before Danielle Van Dam's disappearance, Danielle and Brenda sold Girl Scout cookie
Girl Scout cookie
Girl Scout cookies are cookies sold by Girl Scouts of the USA as one of its major fundraisers for local Scout units. Members of the GSUSA have been selling cookies since 1917 to raise funds. Girls who participate can earn prizes for their efforts. There are also unit incentives if the unit as a...
s to Westerfield who invited them into his home and chatted with Brenda .
Arrest
On February 22, police arrested Westerfield for Danielle's kidnappingKidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
after two small stains of her blood were found on his clothing and in his motor home. Danielle's severely decomposed body was found February 27. Westerfield did not have a criminal record.
His attorneys suggested that the police were in a rush to solve the case, and declined to consider other suspects.
The trial
Westerfield pleaded not guilty, and went on trial on June 4, 2002. During the trial, Westerfield's lawyers, Steven Feldman and Robert Boyce, suggested that child pornographyChild pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
found on Westerfield's computer might have been downloaded by Westerfield's 18-year-old son, Neal. Neal denied this. Part of Westerfield's defense focused on the lifestyle of Danielle Van Dam's parents. The defense suggested that the couple were known to have an open marriage
Open marriage
Open marriage typically refers to a marriage in which the partners agree that each may engage in extramarital sexual relationships, without this being regarded as infidelity. There are many different styles of open marriage, with the partners having varying levels of input on their spouse's...
, and claimed that this lifestyle might have brought the kidnapper to their home. Westerfield's lawyers also charged that he was unfairly interrogated for more than nine hours by detectives who ignored his repeated requests to call a lawyer, take a shower, eat, and sleep.
The trial lasted two months and concluded on August 8. On August 21, the jury found him guilty of kidnapping and first degree murder. He also received an additional misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
charge for possessing sexual images of subjects under the age of 18 on his computer. Outrage ensued after the trial when evidence of prior plea talks (see below) surfaced in the media. Many people were concerned that Westerfield's attorneys misled the jury by fabricating the "unknown kidnapper scenario" when they clearly knew their client was involved in the crime because he knew the location of the body.
Entomology
The science of entomology
Entomology
Entomology is the scientific study of insects, a branch of arthropodology...
was a major focus during the trial. Three entomologists were consulted by the defense, and all testified that flies first laid eggs on Van Dam's body sometime in mid-February, long after Westerfield was under police surveillance. However, cross-examination by the prosecution demonstrated a lack of consensus among the entomologists on several fronts. Entomologist David Faulkner conceded that his time estimate was based mostly on the fly larvae, and that his research could not determine the maximum amount of time Danielle's body was outside and subject to decomposition. Entomologist Neal Haskell used a weather chart prepared by forensic artist James Gripp, stating that the warm temperatures made it likely that insects immediately colonized Danielle's corpse. The third entomologist, Dr. Robert Hall, estimated that initial insect infestation occurred between February 12 and February 23, but acknowledged that the insect infestation of the corpse wasn't "typical" because so few maggots were found in the skull. The prosecution brought in a fourth entomologist, Dr. Madison Lee Goff, who testified that the infestation may have occurred between February 9 and February 14, but stressed that other factors may have delayed insect
Insect
Insects are a class of living creatures within the arthropods that have a chitinous exoskeleton, a three-part body , three pairs of jointed legs, compound eyes, and two antennae...
arrival. He explained that a covering such as a blanket might have initially kept flies at bay; however no covering was found, and Goff contended that the longest delay by such a shroud would be two and a half days.
Pornography
Some of the computers and loose computer media in Westerfield's office contained pornography, although his attorneys argued that the police originally reported not finding child pornography. According to the prosecution computer expert, James Watkins, 100,000 images were found, including 8,000 to 10,000 nude images and 80 that could be considered child pornographyChild pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
. The materials included brief movie clips that featured an underage girl being raped by one man while another man restrained her. These clips, including the sound of the girl struggling, were played in the courtroom. In all, two sets of movie clips, six animated cartoons, and 13 still images taken from computers, zip disks, or CD-Roms in David Westerfield's home were shown, each featuring underage girls.
Selby confession
In 2003, after Westerfield's conviction, James Selby wrote to the police confessing to the Van Dam murder. Selby was wanted for kidnapping a 9-year-old OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
girl from her bedroom in the middle of the night and raping her in 1999, for raping women in San Diego and sexually assaulting a 12-year-old girl in Sparks, Nevada
Sparks, Nevada
Sparks is a city in Washoe County, Nevada, United States, located east of Reno, Nevada. The 2010 U.S. Census Bureau population count was 90,264. Sparks is often referred to as half of a twin city .-Geography and Climate:...
in 2001; however police did not believe that he murdered Van Dam. Prosecutor Jeff Dusek also read Selby's confession, and deemed it not credible. Selby - a divorced father of three - worked as a handyman and machinist and traveled often between San Diego and Tucson. It is believed that he was in the Tucson, Arizona
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
area when Van Dam was kidnapped in February 2002. Selby is believed to be responsible for a series of rapes in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
from October 2001 to May 2002. He had a prior rape conviction in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. In addition, Selby claimed responsibility for the slaying of JonBenét Ramsey
JonBenét Ramsey
JonBenét Patricia Ramsey was an American child beauty pageant contestant who was murdered in her home in Boulder, Colorado, in 1996. The six-year-old's body was found in the basement of the family home nearly eight hours after she was reported missing. She had been struck on the head and strangled...
. According to Deputy County Attorney Bradley Roach, "It was an aspect of his personality to confess to something to see what other people would say." Selby committed suicide in his jail cell on November 22, 2004.
Conclusion
In January 2003, a California judge sentenced David Westerfield to be executed. He was transported to San Quentin State PrisonSan Quentin State Prison
San Quentin State Prison is a California Department of Corrections and Rehabilitation state prison for men in unincorporated San Quentin, Marin County, California, United States. Opened in July 1852, it is the oldest prison in the state. California's only death row for male inmates, the largest...
. He is currently enrolled in the Handicraft program at San Quentin State Prison. The Van Dams sued
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
Westerfield, but the case was settled
Settlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
out of court. The Van Dams were awarded $416,000 from several insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
companies who insured Westerfield's home, SUV, and motor home. The settlement also prevented Westerfield from ever profiting from his crime.
When the trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away from negotiating a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
when a private citizen's group, started by the Laura Recovery Center
Laura Recovery Center
The Laura Recovery Center exists to prevent abductions and runaways and to recover missing children by fostering a Triangle of Trust among law enforcement, communities and a missing child's families. The center is headquartered in Friendswood, Texas, United States...
and concerned local citizens, found Danielle's body. According to these reports, under the deal, Westerfield would have taken police to the site where she was located in exchange for life without parole. Both the prosecution and the defense declined to comment on these reports.
During the penalty phase of the trial, Mr. Westerfield's nineteen-year-old niece testified that, when she was seven years old, her uncle entered his daughter's bedroom, where the niece was spending the night with her parents while attending a party, to check on the kids, and woke up finding him rubbing her teeth, and said she bit his finger as hard as she could. She went downstairs to tell her mother. Mr. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he was trying to comfort her. The incident was then forgotten.
In the months following the end of the trial audio tapes of Westerfield being interviewed were released to the media. In one police interview he tells investigators that he doesn't feel emotionally stable. He is told that he failed a polygraph test
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...
. Westerfield tells him that he wants a retest and that he was not involved in Danielle's disappearance.
In the interrogation video tape made at the time of his first interview (02-05-2002), near the end of the interview Westerfield, who is given a momentary pause in the interview while one of the two officers leaves the room, puts his head down on the table. At 18:51:40 (timecode on the video tape) the remaining officer asks him, "Want to be left alone?" to which Westerfield replies, "No, it's okay." He then lifts his head and looks directly at the officer, pats the table beside him with his left hand and says, "If you wanted to leave your gun here for a few minutes, I'd appreciate it" in a seemingly sincere request to commit suicide if only given the opportunity. When the officer decries the choice as "silly," Westerfield makes a brief comment and then lays his head back down on the table.
It was recently revealed in an animal forensic show from US TV network, Animal Planet
Animal Planet
Animal Planet is an American cable tv specialty channel that launched on October 1, 1996. It is distributed by Discovery Communications. A high-definition simulcast of the channel launched on September 1, 2007.-History:...
, that the girl's dog played a huge witness to the crime. The dog, a weimaraner, was said to have rubbed and played a lot with the young girl and the fur was transferred from her pajamas to the interior of Mr. Westerfield's automobile. Also, clothing and other areas of location including above said bed sheets and comforters contained dog fur. Hinted in the show too, was the evidence of blood and a hand print matching that of Danielle were located within Mr. Westerfield's automobile. Mr. Westerfield is currently still sitting on death row awaiting execution.
The following years after the murder have led to higher states of awareness in San Diego's neighborhoods as well as the institution of funds and benefits made in her honor. The local elementary school that Danielle attended set up a portion of the park/open public area to be dedicated to the child. Her family still lives in Southern California and are active speakers for stricter guidelines for sexual predators and early warning signs.