The Westerfield Trial

PAGE TWO


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If I Have a Fit, You Must Acquit !
The loud, proud Steven Feldman,
by a jury of his very own peers,
will be judged an ineffective councilor,
who relied on pot smoke and mirrors.

So here's a small compendium,
a tribute to Steven -- of sorts;
An ode to the slimiest attorney
ever to slither through U.S. courts.


* * * * * * *
"Brenda is putting the moves on people, meaning she's behaving in a sexually aggressive manner. Brenda was trying to bring company home to Damon."
* * * * * * *

"I'm not casting aspersions."

* * * * * * *

"They know we're calling Faulkner – or we're likely to call Faulkner -- who's the forensic entomologist who's written a report that specifically says Danielle van Dam could not have been in the location she was, any sooner than the 16th."
* * * * * * *

FELDMAN: Well, but in terms of your work – your work within the field -- you've done work on turkeys, isn't that right?
HALVERSON: Yes.
FELDMAN: And some of it in the genetics to try and develop larger breasted turkeys, isn't that true?
HALVERSON: Well no, not larger breasted turkeys.
* * * * * * *
"…There was a woman's chat show that appeared on cable within the last 24 to 48 hours, wherein Nancy Grace who's apparently a CourtTV commentator who's not been particularly favorable to the defense… um -- or allegedly not particularly objective… um -- is now talking about our case, so that just broadens the range of the cable TV that's now become a minefield."
* * * * * * *
"I've looked at that easel for 17 days, and now I can't find it!"
* * * * * * *
DUSEK: Objection. Misstates the evidence.
JUDGE MUDD: Sustained.
FELDMAN: Your honor --
JUDGE MUDD: Misstates the evidence. The sweater was red.
FELDMAN: But…
JUDGE MUDD: Sustained. Move on.
* * * * * * *
"Judge, we're scrambling. I really cannot tell you right now who I intend to call."
* * * * * * *
Not in this case… unless you take the spin -- where once again the prosecution has abused the WESTERFIELD family this time it was the niece that testified against criminal WESTERFIELD -- you heard again, the scandalous remark that DAVID WESTERFIELD claimed his son did something -- you heard the argument, remember? The evidence, the un-contradicted evidence -- Marcus Lawson looked at the books -- the evidence was presented. Somehow, in order to inflame and to prejudice you, to get you to think David is trying to shift the blame to his son which is a ridiculous, almost obscene notion -- you heard it again!
* * * * * * *
LAWSON: It is the mail for "D_N_West" at "HotMail.com".
FELDMAN: And what is #82 showing?
LAWSON: It's a uh… its e-mail that was received by "D_N_West".
...
LAWSON: Screen print 106 is that particular file itself, and it is D. N. WEST at HotMail.com's HotMail Account -- his inbox. It shows "Join4Free.com"
...
LAWSON: Again, it's index.html, and what this index.html file is -- is the e-mail program, e-mail service for San Diego State University.
* * * * * * *
"…interesting as to who they allow in their door..."
* * * * * * *
"We don't blame the van Dams. We don't blame the parents."
* * * * * * *

MUDD: At this point, just ask him point blank, and then he can answer it and I don't have to worry about Ms. Cummins, who's now up and ready.
FELDMAN: Again.
JUROR #8: Oh, that's cold.
* * * * * * *
"This isn't the girl's night out. This is the girl's night out to party."
* * * * * * *
"All of you have the right to have your feelings respected."
* * * * * * *
I didn't bring any props. Sorry.





================= Steven Feldman's closing =================

Not in this case… unless you take the spin -- where once again the prosecution has abused the WESTERFIELD family this time it was the niece that testified against criminal WESTERFIELD -- you heard again, the scandalous remark that DAVID WESTERFIELD claimed his son did something -- you heard the argument, remember? The evidence, the un-contradicted evidence -- Marcus Lawson looked at the books -- the evidence was presented. Somehow, in order to inflame and to prejudice you, to get you to think David is trying to shift the blame to his son which is a ridiculous almost obscene notion -- you heard it again!



=================

Steven Feldman's Direct of Marcus Lawson

=================

LAWSON: It is the mail for "D_N_West" at "HotMail.com".

FELDMAN: And what is #82 showing?

LAWSON: It's a uh… its e-mail that was received by "D_N_West".

=================

LAWSON: Screen print 106 is that particular file itself, and it is D. N. WEST at HotMail.com's HotMail Account -- his inbox. It shows "Join4Free.com"

=================

LAWSON: Again, it's index.html, and what this index.html file is -- is the e-mail program, e-mail service for San Diego State University.




We're Under Siege!

Interestingly, Steven Feldman, who now insists his jury is under siege -- refused to request a change of venue, even when prompted by Judge Mudd.

No doubt, prior to the trial the offensive defense attorney thought staying in the conservative area would work against the prosecution, but now at trial's end -- this gander's unhappy with the goose soup he ordered.





"Perhaps there will be a concession."
-- Dusek

"We don't blame the van Dams. We don't blame the parents."
-- Feldman

"I'm not casting aspersions."

"…interesting as to who they allow in their door..."

"We don't blame the van Dams. We don't blame the parents."

"Brenda is putting the moves on people, meaning she's behaving in a sexually aggressive manner. Brenda was trying to bring company home to Damon."


"Sandbagging… ambush… are not legal terms, they're not legal theories, but it just sounded to me, Mr Feldman, like you're calling the kettle black – and the prosecution is fearful of sandbagging and being blind-sided." --Judge Mudd

I'm concerned about sandbagging and ambushing by the defense."

--Judge Mudd


DUSEK: Objection. Misstates the evidence.
JUDGE MUDD: Sustained.
FELDMAN: Your honor --
JUDGE MUDD: Misstates the evidence. The sweater was red.
FELDMAN: But…
JUDGE MUDD: Sustained. Move on.

Westerfield



Feldman's is rambling and scrambling about the tiny courtroom like a BULL in a china shop. Hunting down exhibits and tripping over his own words -- he announced to the jury that he was "having a brain aneurysm" -- then promised to be better tomorrow morning. By most accounts, he failed to keep that promise.


Jason H. Byrd and Neal Haskell's Forensic Entomology pages
http://www.forensic-entomology.com/

The Testimony of Bugs
http://www.main.com/~brad/techrep/techrep.htm

American Board of Forensic Entomology
http://www.missouri.edu/~agwww/entomology/


If I could ask three questions of any one in this case, my three questions would be for Steve Feldman.

1. Why did you press for a speedy trial in a circumstantial case where time is clearly on your side? You pressured the state into a rigid discipline, under nearly impossible time constraints, which left no room for you to argue error.

2. Why didn't you request a change of venue? The unprecedented outbreak of kidnappings, admittedly could not have been anticipated, but surely you knew the general publicity of the case was going to be intense.

3. Considering the victim and the alibi, together with the DNA -- why not plea to Man 2, and get him out in less than 15 years?



Bar Patrons, Bugs and Bull may have been a clever defense for a law school mock trial -- but this jury is the conscience of the community, and that community is in crisis. Steve Feldman has failed, and fallen far short of his advance publicity.

Feldman's loud, offensive, mud-slinging opening statement created an atmosphere of outrage and revenge. His vicious bark turned out to have no bite, and yet he left this jury hungry for justice.

When someone screams and shouts and wildly points the finger of blame at others -- it usually means they feel very guilty and have absolutely nothing meaningful to offer in their own defense.



The San Diego Union-Tribune reports -- the jury "rolled their eyes, sighed loudly and slumped in apparent exasperation" during yet another one of Steve Feldman's bug experts yesterday.

The only doubt the fidgety Feldman has raised, is doubt about his ability to competently handle a capital case.

The more this gruesome trial drags on -- the more determined these jurors will be to reach a verdict and go home.



Marcus Lawson, the defense's confused computer forensics expert, fell apart during the first ten minutes of cross-examination.

LAWSON: I haven't been taking handwritten notes, along the way.

CLARKE: Excuse me Mr. Lawson, didn't you just describe the fact that you took some hand-written notes including, I think it was, dates and so forth?

LAWSON: Mmm. In San Diego, yes.

CLARKE: Well when were they given to the defense?

LAWSON: In that second week of June.

CLARKE: So almost a month ago?

LAWSON: I'm not sure what the date is today, but -- the second week in June…



What is 18 Minus 3?

Defense computer expert Marcus Lawson apparently, has no ability to do simple math.

CLARKE: And the date?

LAWSON: The file would have been created on 12- 13 - 99

CLARKE: If a person were 18 years old today, how old would they have been in December of 1999?

LAWSON: (giggling) You're gonna ask me about math again…!

CLARKE: Its not a math test again...

(Silence while the witness appears to be calculating the numbers.)



Marcus Lawson, the defense's confused computer forensics expert,

FELDMAN: Your honor, I'll stipulate. The answer is 15.

JUDGE MUDD: You're quicker.

LAWSON: Almost everyone, at math, is quicker than me.

CLARKE: Thank you for that. Thank you.

JUDGE MUDD: I'll take judicial notice of that, if necessary.



AIKA

5203 -- the last four digits of the defendant's social security number -- was the password for the "freedrive.com" account that belonged to "DMWest1".



Take My Son…Please

LAWSON: …the file called "Big Red" was created on 1-14-99.

CLARKE: Three and a half years ago, or so, correct?

LAWSON: Correct.

CLARKE: Do you know how old the defendant in this case's son is?

LAWSON: No, I don't. I would assume he's – he must be in college so he must be 19 or 20.

CLARKE: But you don't know his age?

LAWSON: No I don't.



Thanks to the defense, Marcus Lawson spent the afternoon telling the jury about the following websites:

Teen Dreamer
Lesbian Bordello
Pink for Free
Project Voyeur
Extreme Asian Bondage: Totally Uncensored
Girls with Animals
Squirting Ejaculations
Drink My Piss
Hard Core Beast Action: Donkeys, Snakes Horses, Dogs Teens



Mr. Feldman must be exhausted. He testified for his witnesses all day on Wednesday.


The Defense Rests -- the Jury Can't Sleep




Enzyme Kinetics and Maggot Eggs?

Enzyme kinetics and maggot eggs found in a 7 year-old's head is not what I'd call a refreshing start after the vacation.

Mr. Haskell's lectures were blown away by Jeff Dusek's cross wind. The prosecutor forced the old windbag to admit that his testing was done under spurious conditions, and that explains the distorted results.


First the defense called Faulkner -- he guessed the small child's body was dumped by the side of the road around the 16th of the month. Then Haskell was called and guessed at a date closer to the 12th. Now, Feldman presents Robert Hall who also estimates February 12.

I don't doubt that the defendant killed Danielle van Dam, but I do have some uneasiness about the story these bug guys are telling. Even if they're guessing -- the guesses are weeks away from the kidnapping.

At this rate, if Feldman calls two more bug specialists, we'll have arrived at a date that matches with reality -- February 4th, on the weekend Danielle van Dam went missing.

DUSEK: So you're ignoring that for your purpose here?

HASKELL: For my post mortem interval, I'm using the insects to make that determination, not the appearance of the tissues.

DUSEK: You are excluding how long it takes the exterior of the body to mummify?

HASKELL: I am using the entomological evidence for the determination.

DUSEK: You are excluding the exterior of the body, how long it takes to mummify -- to give us your time period?

Santa Anna Winds DUSEK: Well, when's the last time you had three and a half inches of rain in Indiana?

HASKELL: Three and a half inches of rain? Oh probably -- uh… We got a two and a half incher a month and a half ago -- six weeks ago.

DUSEK: In one rain storm?

HASKELL: Yes.

DUSEK: I'm talkin' about a year!



Murdering Mensa Member's Modus Operandi

This defendant has a clearly established method of attack. First, befriend the mother of the victim. Get acquainted, make yourself available to the mom -- then become a trusted intimate of the daughter.

Remembering Holland

The floundering Steve Feldman must have blow flies laying eggs in his skull if he actually believes the introduction of a few bar patrons and bug experts will in any way alter the condemning conclusions of Mitchell Holland, who's unrebutted testimony was:

Hair from the Westerfield washing machine bedding, hair from the Westerfield dryer -- boxer shorts, hair from the Westerfield master bedroom bed pillowcase, hair from the Westerfield master bedroom fitted sheet, hair from the Westerfield master bedroom flat sheet, hair from the Westerfield garage trash lint, hair from the Westerfield motor home hall carpet -- the mitochondrial DNA profile matched the reference source for Danielle van Dam.

One can safely assume the 7 year-old was not going bald Let's assume, just for the sake of argument, that the victim's body wasn't thrown by the side of Dehesa Road until mid-Febrary -- exactly how does that clear the defendant? Even Judge Mudd agrees that the defendant was with Danielle van Dam.

If someone else was involved in the killing, it would be up to the defendant to name and blame his partner in the crime.




Defense "expert" witness, Neal Haskell:

"When the maggots are in their third stage and they grow to their maximum length, and they've taken in all the energy they need, then it's just us going to, uh -- The Country Buffet -- we've taken enough, we've taken in enough… and it's time to go home. Well, they leave the food -- they leave The Country Buffet , and they go into what's known as a migrating maggot."


The Devil's Advocate
"Judge, we're scrambling. I really cannot tell you right now who I intend to call."
-- Steven Feldman

The once highly regarded defense attorney, Steven Feldman, was under the mistaken notion that he could turn the courtroom into the Jerry Springer Show on location in San Diego. But in the end, after the guilty verdicts are read -- the loud-mouthed lawyer will have to address this same court at the sentencing hearing. At that point, the only slinging will be done by Mudd.



During his sloppy closing, Steven Feldman attempted to kidnap, molest and murder the law when he instructed the jury:

"If she was killed before he left that room, he's not guilty," Feldman told the jury. " ... That's what the law is. And you all promised to follow the law, regardless of what the law is."


Only a crack addict would show up barefoot in his boxers at the Dry Cleaners, at dawn, desperate to get pillow cases and a bloody jacket cleaned. That ended the case for me. They didn't even have to test the blood. It was all over.

The only lingering doubt I have is whether the sight of DAVID WESTERFIELD, emerging from a 37-foot RV in skimpy underwear at 7 AM constituted a violation of the poor dry cleaning worker's human rights.



Westerfield's former wife told police "she would wake up in the middle of the night and catch the defendant coming back into the house at night with his binoculars, saying he was just checking out odd occurrences outside." She told police she thought Westerfield was spying on neighbors.

A neighbor reported catching Westerfield watching her through her window with binoculars while she was working out. Dusek told the court that when the woman met Westerfield, he said, "You're the one that exercises on the treadmill in your house." The woman also would testify that her floor plan was the same as the van Dams, Dusek said.

Prosecutors argued that the testimony of both Westerfield's ex-wife and the neighbor would help "answer the question of how did he know his way around the van Dam house."



Andrea Wittwer "He was very kind."

Andrea Wittwer: I saw Allan the last time was when we were out in 1980.

Jeff Dusek: 22 years ago?

Andrea Wittwer: Yes sir. Like I said, we don't -- we cannot travel that often, and I've had a lot of issues -- in the meantime.

Jeff Dusek: That's fine. Have you talked to him since then, since 1980?

Andrea Wittwer: I believe on the phone, but I really its -- you know -- no.

Jeff Dusek: Can't remember any?

Andrea Wittwer: Those flitty moments… I've tried to remember -- we were not a real "telephony" type peopQ.: - mostly letters.

Jeff Dusek: Did you communicate with him at all since this case has come about?

Andrea Wittwer: No.







For the first time in over two months -- DAVID WESTERFIELD actually appeared to look ashamed, when Alden Miller, said, "He was very cautious of the children's behavior so that they didn't get injured, or they were not in harm's way."



"It makes you wonder -- one drop on his jacket and one drop on the bathroom floor -- where's the rest? How do you drop just one drop? You don't, so where's the rest? He had to go to the cleaners in his skivvies… Where's the rest of the blood?"

-- Jeff Dusek's closing argument

"He forgot to tell us -- he forgot to tell the officers, that he stopped along the road to clean up his motor home. And he was not so tired, so aggravated that he didn't stop to clean up that SUV."

-- Jeff Dusek's closing argument



"I don't remember getting home. That's how bad it was."

-- WESTERFIELD



"Does this sound weird to you?"

Contrary to the popular connotation, kidnapping does not mean snatching someone and stealing them away. It means using force to hold someone against their will, and in the case of a child, no force need be proven. Unless the custody of the child is in question, merely having the child is enough.

To kidnap is to forcibly and unlawfully hold, keep, detain and confine a person against his or her will. "Involuntariness" or "coercion in connection with the victim's detention" is the critical part of the offense -- not the snatching.

When the victim is an infant or child too young to legally give consent, it is not necessary to prove the overcoming of resistance. "Force," required to prove the kidnapping of a child, is simply the amount of physical force needed to be near a child who is not in your legal custody. If the child is killed, even by accident, the special circumstance of kidnapping will attach.



Dusek said WESTERFIELD'S cleaning spree was like "Hazel on Steroids."

A Real Bargain of a Plea

Mr. Clean

Deep down, this defendant -- with his obsession over cleaning -- has got to admire the extremely neat, tidy and clean job the forensics labs did.



Jury Dullification

Several jurors appeared disgruntled after Feldman's expert Mr. Hall repeatedly asked if he'd understood Jeff Dusek's questions correctly, and then refused to directly answer them.



Driving around like a vampire in his 35-foot Southwind motor home with the drapes shut tight as a coffin -- the defendant had the nerve to explain his 500-mile mystery tour by offering:

"I like the sun -- and that's the only reason I would go out is to, you know, get some sun and relax. So that was the kind of weekend I was looking for."





Asem Gailani was touched by Danielle van Dam simply because she was a little kid, he told reporters, tears filling his eyes.

In his job as a cabdriver, he passes the site where Danielle was found, and he said he always stops to say a prayer for Danielle. "I wanted her to know we all love her," Mr. Gailani said, wiping tears from his eyes with his jacket sleeve. "She's in my heart. I will never forget her."

==============

A poem was read, written the day before by Mt. Carmel High School senior Elena Zucker, who composed the poem in the hopes that her words would help the community get through the difficult times:

Sometimes things happen in our lives

that are hard to understand.

These are times when we can look to family and

friends for a helping hand.

====================



Early in March at the Creekside Elementary School in Sabre Springs, about 800 students and parents filled an auditorium to honor the memory of their classmate and friend Danielle van Dam. Folk singer Karl Anthony led the group through sing-alongs in an attempt to bring some closure for the community.

"When we go away,
our love will stay.
We will dream of when
we meet again."



As Mr. Anthony sang, he walked through the crowd and picked children to help him with the music. For ten year-old Lindsay Schulze, singing the song brought back memories of her friend, Danielle van Dam.

"I wasn't sad that much, until that song made me remember her a lot," said Lindsay, "But knowing that I will one day see her again made me feel better."


This defendant drove 552 miles in less than 48 hours. With that kind of mileage, the man could have driven from San Diego to El Paso, Texas.



I believe we can trace all of this madness back to the hanging, pregnant and tortured chads of the presidential election. In a time of war, life is cheap, and the rash of kidnappings and murders are a direct result of an illegitimate administration and our culture of deceit. Welcome, ladies and gentlemen, to The Margin of Error, where every terrorist who dares, may act out on his darkest wishes; where a sliver of a chance becomes a sliding window of opportunity: where a desperate last chance justifies looting and lusting and lying.

Start Seeing Forests

Stop staring at the trees and look at the forest. Life is a bizarre series of contradictions, and the closer you stare at any one thing the less it reveals about itself, and the more it reveals about you.

Any member of Mensa will tell you-- when you're trying to solve a difficult puzzQ.: - take a step back and examine the general patterns.

The victim went missing the first weekend in February. The accused has no credible alibi for that weekend. You don't need to be Ellery Queen to deduce that she was most likely killed that same weekend.

The suspect lied to friends, strangers and even the police, and was later found to have collected startling amounts of violent pornography.

The sweet, happy 7 year-old victim's blood, hair and fingerprints were found in various odd places throughout the accused 50 year-old's home and private vehicle.

Please remember it was the Supreme Court that officially ushered in the era of corruption, greed and deception.



The 4th District overturned a decision by Superior Court Judge Peter Deddeh, who declared John Doe indigent, and ruled that the defendant could keep his private attorneys.

Deddeh was the judge of record in the Westerfield case at the time.



This jury now knows four things to be fact:

1. Steven Feldman had ample opportunity to speak with Neal Westerfield, hear his story, and make a judgment about his credibility, yet the sworn officer of the court chose to connect the defendant's son to the downloading and viewing of pornography, and by implication, to the murder of a 7 year-old child -- but never called him to the stand.

2. Neal Westerfield is a bright, normal, extremely credible young man and guilty of nothing.

3. Steve Feldman lied about this, and would therefore lie about anything.

4. David Westerfield is the kind of man who would sacrifice his son's future, to save his own neck.



DUSEK Do the initials, I. E. A. mean anything to you? NEAL W. No. DUSEK Is that anything you've ever used to label, categorize or organize any of your computer work? NEAL W. No.









For a real taste of prison life, try living 23 hours a day in your bathroom. Remove everything but the toilet, use the bathtub as a bed, lock the door, and make yourself comfortable.

300,000 male prisoners are raped or sexually assaulted each year. Informal surveys put a prisoner's chances of rape at 90%.



The defendant told Joseph Koemptgen that he was having a bad weekend, explaining that he'd gotten a flat tire on his trailer. He told the stranger that he couldn't find the friends he was hoping to meet and said his cell phone had gone dead so he couldn't call them.

Ryan Strathern testified that the defendant told him his trailer had gotten a flat tire, and also added that he had left the trailer in El Centro for repairs.

Why would this defendant lie to police and tell them he never used his trailer that weekend?



Barbara Crum: She lives near Westerfield's house and has a clear view of it from her garage. She swore that on Saturday afternoon, Feb. 2, at 4:15, she saw Westerfield's RV coming up the street and turning at the intersection of Mountain Pass Road and Briar Leaf.

Kelly Bellom: Another Twin Peaks Dry Cleaner counter service employee. She testified that later in the day on Feb. 4, Westerfield brought in more items for cleaning. Those items were a black T-shirt, black slacks, and a black sweater.

"There's research ... that if a child is abducted and murdered the child will probably be murdered in under three hours," said Kenneth Lanning, a retired FBI agent who specialized in crimes against children for 20 years. He also told reporters, "One of the things we statistically know when you're dealing with a child abduction that it is usually someone who lives or works in the area."

-- Kenneth Lanning, a retired FBI agent who specialized in crimes against children for 20 years.



Under a grueling cross-examination, Dave Laspisa grudgingly acknowledged that some of Westerfield's account of the days after Danielle van Dam vanished was puzzling.

Laspisa said he never knew Westerfield to spend just 12 hours in the desert, nor to arrive without his all-terrain vehicles. He said there was nothing unusual about Westerfield taking a long, winding back route to the remote desert outpost of Glamis instead of taking the more direct way.

Laspisa winked at Westerfield as he took the stand and testified that Westerfield always kept the blinds on his RV tightly drawn, perspired heavily even in the cold, and often went to the desert without nailing down plans.

When Jeff Dusek pressed him on why Westerfield would have gone to the desert without his all-terrain vehicles, Laspisa offered, "There are other things to do: sunbathe, look at the flowers."

But eventually Mr. Laspisa conceded that there were no flowers in Glamis and his friend always brought his ATVs ("sand toys") with him the on the 25 to 30 previous trips.



Glen Seebruch, testified that the defendant called him the morning before Danielle van Dam disappeared. As they chatted, Seebruch said, Westerfield mentioned "he planned to go to the desert ATV-ing" but couldn't find any companions for the trip.

Four of the "Dad's Bar" witnesses testified that Brenda van Dam danced with the defendant on the night little Danielle went missing. It isn't likely that all four of them are lying. If what those witnesses say is true, then both the defendant and Mrs. van Dam are lying. Each, independently told authorities they did not dance with each other that night.

That is more than odd.



Because the bodies are piling up. We waited for the jury in O.J. and he's out playing golf tonight. We waited for the jury in the Rabbi Neulander case -- and they never came back!

I will not get along with molestation and murder. It's time to get emotional folks. How many more children have to be stolen and killed before the emotion you feel will be for your own child -- or one you know?

Please understand, we are at war here. We will never get along.

Due to the recent spate of child killings, we are instituting a new set of rules.

If you collect child pornography, if you lie to authorities, if you have the victim's blood and hair in your home and your vehicle, YOU WILL BE GIVEN A LETHAL INJECTION.

If you're in fact innocent, and this is all a set-up of some sort -- then you better wipe that smirk off your face, get up on that stand and start talking. Otherwise, this child-loving community will convict you for kidnapping and murder, and punish you to death.

Thanks to Steven Feldman, we now know that his defendant is not only a collector of child pornography, but that he also sweaty. One witness remarked that the man sweats so much that even in cool weather, sweat stains often appear under his arms and around his waste.



"Where you stumble, there lies your treasure."

"What you cannot learn in your own body, you can learn nowhere else."

Where your heart is, there lies
your treasure,

Axis of Evil
If you trace the path the defendant took on his Magical Mystery Tour, you will find a triangle, with the three points being the Silver Strand, Glamis and Borrego. It seems likely that this brainy member of the Mensa organization, who took great pains to establish his whereabouts on his road trip, has left us a puzzle.

It is not clear to me at all, what the puzzle might mean or but I believe the answer lies somewhere west of the Superstition Mountains and South of Borrego Springs. My only reasoning is an association with the phrase -- "Where your heart is, there lies your treasure."

I believe evidence -- possibly pajamas or an orange blanket, or even a video capture of the event -- is buried in the middle of that devil's triangle. There is no doubt in my mind that this defendant thought he could get away with murder, and I'm sure he kept a murder momento from his evil desert outing that he could eventually recover.

I don't know how I know -- but I know.



Laura Westerfield first discovered her son had been arrested as a suspect in the van Dam kidnapping from television news reports, though she claims she had a premonition something was happening with her son the night Danielle went missing.


Dancing with the Devil

Glennie Naslind, Westerfield's friend of four years, said the twice-divorced father of two introduced her to Brenda van Dam at the bar that night. Later, she said, she saw Westerfield dancing with Brenda van Dam's friend, Denise Kemal.

Motiveless in San Diego

Many have speculated that the defendant felt "slighted" by Brenda van Dam, and in a drunken rage, kidnapped and killed her child as a form of revenge. Stranger things have resulted in murder, but we now know that the defendant was not rejected at all.

Despite the fact that Brenda van Dam and Denise Kemal denied dancing with the defendant -- Kemal said she avoided him because he was "creepy" and Brenda simply cannot recall any contact -- the facts suggest that both women danced with the evil engineer.

Glennie Naslind, referring to the defendant, testified that "Brenda was on his right side and he turned around and danced with her for a few seconds and then went back to Denise." Naslind added that Denise Kemal flirted with the defendant and "rubbed her bottom on him."

Three other witnesses backed-up her account, so whatever the defendant's motive may have been, it wasn't to get revenge from being slighted at the bar the night Danielle van Dam went missing.



Cherokee Youngs, a bartender who said she went to the bar to meet her friend Yvette, arrived at about 9:30 on that night, said she saw Brenda van Dam dancing with someone who could have been Westerfield, but said she could not be sure it was him.



"There was some sexually aggressive behavior from Barbara and Brenda, but especially Brenda," Youngs said.

The two witnesses at times contradicted the testimony of Brenda van Dam and Kemal, who denied dancing with Westerfield. Kemal said she avoided Westerfield because he was "creepy."



O Joy!

Joy Halverson the Doggie DNA expert testified that hair in the…

Lint collected from the garage could have come from Danielle's dog.

Hallway carpet from RV could have come from Danielle's dog.

Bathmat from RV could have come from Danielle's dog.

White towel from top of could have come from Danielle's dog.

Striped comforter from the dry-cleaners could have come from Danielle's dog.



The 4th District overturned a decision by Superior Court Judge Peter Deddeh, who declared John Doe indigent, and ruled that the defendant could keep his private attorneys.

Deddeh was the judge of record in the Westerfield case at the time.

In March, the defendant deeded his house to none other than Steven Feldman. The Sabre Springs house is now on the market for $484,900. The estimated cost of this defense is in the six-figure range.

The defendant is flat broke and has been for months -- so who is paying for his top-notch legal team? Apparently, you and I are.

In a secret ruling, this defendant was declared "indigent" and "entitled to the appointment of an attorney at public expense". Sneaky Steve Feldman argued that only he could continue with the case, and that the court should foot the bill. He then made a motion to hide this information from the public since it might bias potential jurors.

It is not clear to this day -- whether or not the tax paying public is being billed for the defense of the man charged with the murder of Danielle van Dam, but it is very likely true.




The victim's blood in the RV could simply be an unfortunate coincidence. However, the victim's blood being found on the defendant's coat as well, is simply inexplicable. The odds of two unfortunate accidents are astronomical, especially when one considers that the victim's hair was also found in both the RV and the defendant's home.

None of this is evidence of murder. It is simply evidence of sustained contact between Danielle van Dam and the defendant, which is very odd, considering what he told police:

DW: No. That's what I'm saying… I-- I, if -- if you brought her in here right now I wouldn't be able to tell her from 5 other kids, or 10 other kids.

SDPD: OK.

DW: Because I didn't recognize her at all.



Slap-happy Steven Feldman demanded that the judge either sequester the jury or declare a mistrial, insisting that the trial has been overrun with excessive and often inaccurate media reports. One of those reports featured a smiling DAVID WESTERFIELD speaking to the local news about his neighbor's odd disappearance.

Case Number SCD-165805
Count 1, murder, was dated Wednesday, August 21st.
Count 2, kidnapping, was dated Tuesday, August 21st.
Count 3, pornography, was dated Tuesday, August 13th.



Westerfield, an avid camper who has come under intense police scrutiny, drove his motor home to Silver Strand State Beach near Coronado on the afternoon of Feb. 2, apparently after leaving the dunes in the Imperial Valley desert, where the vehicle had been stuck in the sand, officials said yesterday.



Mack Attack

Defense witness Heather Mack was called to support the defendant's claim that he spent Sunday night at the Coronado Cays and left at around 4 AM. Ms. Mack, a security guard, had led the defense team to believe she had actually seen the defendant's RV that night.

Mr. Feldman, on a wring and a prayer, called Ms. Mack to the stand. After waiting a half hour for the young woman to show up, she got up on the stand and completely alienated the jury with her hostile attitude.

Defense witness Heather Mack was called to support the defendant's claim that he spent Sunday night at the Coronado Cays and left at around 4 AM. Ms. Mack, a security guard, had led the defense team to believe she had actually seen the defendant's RV that night.

A Coronado police officer testified that there was indeed an RV oddly parked there that night around 3 AM, but that the owner of that motor home was not the defendant and that his RV was moved.



The man who offered a $10,000 reward for Danielle's return eventually confessed that there is no money on hand to pay it.

"We have received no money since I came on the scene," said Douglas Pierce, founder of the Millennium Children's Fund. "As of late last night, nothing has come in."

When asked about how he would make good on his much-publicized reward, Pierce said he can call underwriters who support his organization.

"Moneys are now available to our organization in a variety of ways," he said.

He would not elaborate.

Pierce reported no income and no expenses for the 2000 tax year on a federal 990-EZ tax form. Yesterday, he said he paid expenses out of his pocket.



Westerfield apologized to police for the untidy condition of his bed – the comforter was missing. The defendant wasn't so embarrassed that he told them where the comforter was -- at the Twin Peaks Dry Cleaners, where he had dropped it off at 7 AM.



February 16

The frantic Steve Feldman proudly announced in a closed, but televised hearing: “They know we're calling Faulkner – or we're likely to call Faulkner -- who's the forensic entomologist who's written a report that specifically says Danielle van Dam could not have been in the location she was, any sooner than the 16th.”

Before the jury, what David Faulkner actually said was that "none of the maggots I looked at would indicate that" she was left outside before February 4th.

Faulkner also testified to "extremely abnormal" weather in San Diego last February, record-setting heat, santa anna winds and a severe lack of rain.

In fact, Faulkner said, he had never seen fewer flies than last February.



The last time she spoke with him, she said, was three weeks before he was identified on television as a suspect in Danielle's disappearance.

During a phone conversation, Westerfield told Susan L. he watched her one night as she returned from an evening out with a male friend. She testified that the conversation made her feel uncomfortable. She also said that one of the reasons she broke up with Westerfield was that he became depressed and, at times, forceful when he drank.



We don't know how the murderer got a hold of the little girl, and we don't know how he hid the body. We only have the facts that she was missing from her home for weeks, and that her nude corpse was eventually found in a field.

One can assume the worse.

We do know that the murderer left evidence of himself all over the victim, and that the victim left evidence all over the defendant and his dwellings.

Lacking any other bizarre explanation, one can conclude the obvious.



A Family of Strangers

Conventional advice to children is "Never talk to strangers". Using the FBI's statistics, this advice is one more instance of common sense that is actually common ignorance.

Last year 840,279 people were reported missing and nearly 90% of those people were children.

It's significant to crime-solvers to note that the vast majority of the children who go missing are "run-aways" or "stay-aways" and are located within hours. The largest number of missing children who are actually kidnapped, are abducted by family or familiars. The smallest category is children taken by strangers.

As it turns out, the non-family abduction and murder of a child is an extremely rare crime – on average, 50 to 75 a year (mostly female teens).

Instead of warnings about strangers, we should be teaching young people how to manage a crisis situation in the home.


Testifying from the Grave


Danielle was 7 years old. 4-feet, 8-inches tall and weighed roughly 58 pounds. She has blond hair and blue eyes. Her two brothers, Derrick and Dylan, are 9 and 5 years old.

"No. No. I wouldn't recognize her. Um, you know, I wave to her mom when she drives by, but, you know, there was a little girl that, you know, matches or is similar to her description that came by the motor home and was look—peering in and I said, oh, how are you doing, you know, and she went off."

REDDEN: And you would have recognized her since she had just been at your house selling cookies?

WESTERFIELD: No. That's what I'm saying. I—I—

If you brought her in right now, I wouldn't be able to tell her from ten other kids or five other kids.

REDDEN: Okay.

WESTERFIELD: Because I—I didn't recognize her at all.





The defendant told police he decided to go to Silver Strand State Beach because he'd misplaced his wallet -- didn't have much money with him – and didn't want to pay for gas to get to the desert.

Oddly enough, once the defendant got to the beach, he overpaid by $30.



"He's lying to us, and he lied to the cops -- and he got caught, by some inconsequential nobody… who was just doing his job."

The defendant, who requested that his son arrive on Monday and not the usual Sunday -- also later asked his son to check the side door of the Mountain Pass home.

However, in his police interview, he indicated that he thought a stranger was in his house -- explaining that he found the side door oddly open.

"If you find that the defendant willfully made false statements about the crimes he's charged with -- you may consider it."

WESTERFIELD: Well, I left the side door open. The side door was unlocked and that was an accident. I don't do it on purpose, but the side door was unlocked when I got there -- and the house door leading from the garage I never lock because the other two doors are normally locked. So um...you know...

REDDEN: So you don't lock your house up when you leave?

WESTERFIELD: Well, I do. But I didn't go run up and check it that particular time.



DUSEK:

"Why go back to the neighborhood with her -- alive or dead? We can speculate -- but that's not all we can do. Why does the arsonist go back to the fire?" "Obviously he was in a hurry. He left the hose out in the yard -- no big deal. Lots of people do that. But something was wrong that day."





James Watkins, a San Diego police computer expert said 8,000 pornographic images were found on disks in Westerfield's house and on two computers in his home office and bedroom.

Under cross-examination by Feldman, Watkins said that 85 of the 8,000 images appeared to qualify as child pornography, while 39 of the 2,600 digital videos in Westerfield's house might be considered child porn.

8,000 pornographic images were found on disks in the defendant's house and on two computers in his office and bedroom.

85 of the 8,000 images appeared to qualify as child pornography, while 39 of the 2,600 digital videos in Westerfield's house might be considered child porn.



WESTERFIELD: Yeah, and those windows did not look into anybody else's rooms. All they...if I was looking down the street I was checking out why a van was sitting down there. And I was at the top of the street and I was just being cautious. That's all I was doing. I wasn't doing anything else other than that. Now as far as the deviant behavior, I don't know what she described to you, but...
Q.: Well, she described several instances where she woke up and you were cutting her underwear off of her.
WESTERFIELD: Ok, but the...it's pure experimentation. I have not done that since doing that with her. Ok.
Q.: What led you to do that?
WESTERFIELD: I don't know. I honestly do not know.


WESTERFIELD: They were pictures of, eh...what I would consider. I thought they were older children not young children.
Q.: What do you consider older children?
WESTERFIELD: Well, 13, 14, 15, stuff like that.
Q.: Ok, and what was your purpose for doing that?
WESTERFIELD: Basically when I...ugh, when I first got the internet I wanted to find out how much information you could get without actually having to have access to the, to the, sight. In other words, paid access to the sight. And I was just making a collection of all the different types that were there. I was not interested in the children. I was not interested in the different sights that were there. Um, I used to you know. I don't know if you guys do this but I used to go to a sight called the hun and just scan through those looking for, you know like, movies and that type of thing.




Jim Frazee, a volunteer with the county Sheriff's Department, said his dog – a 3-year-old vizsla named Cielo – was certified as both a search dog and a cadaver dog by the California Rescue Dog Association.

When the defendant's RV compartment door was opened, Cielo sniffed the shovel and the lawn furniture for about 15 seconds, Frazee said.

He said the dog's behavior indicated that a cadaver had been stored either in the compartment or in an area of the motor home where the air fed into the compartment.




DUSEK: WHAT HAPPENED AS YOU WERE SHOWING THE DOG THESE SEAMS?

FRAZEE: AS I CAME TO THE ONE THAT WAS SHARED BY THE PASSENGER'S DOOR AND THE FIRST STORAGE COMPARTMENT, HIS INTENSITY OF SNIFFING AND THE DURATION WAS A LITTLE BIT INCREASED. AS I MOVED TO THE OTHER SIDE OF THE STORAGE COMPARTMENT, IT WAS EVEN MORE INCREASED. AND AS I WAS MOVING TO THE NEXT ONE, HE SWUNG AROUND IN FRONT OF ME AND SAT AND MADE EYE CONTACT WITH ME AND BARKED.

DUSEK: WHAT'S THAT MEAN?

FRAZEE: THAT'S HIS CADAVER ALERT.

DUSEK: WHICH MEANS WHAT?

FRAZEE: IT MEANS THAT HE HAS DETECTED CADAVER SCENT.

Mudd Slinging Steven Feldman spent the opening weeks of the trial slinging mud – now as he begins his case -- he goes before the jury with Mudd all over him.



fruit of the spirit

It's so easy to focus on evil-doers. As a society we spend most of our scarce domestic dollars on criminals and selfish jerks.

What we need is a system of recognition and reward so we may reinforce behaviors and values we admire, instead of focusing on those who have violated our societal goals.

The reverse of the seven deadly sins are the fruit of the spirit: love, joy, peace, patience, kindness, generosity, faithfulness, gentleness and self-control.



MR. DUSEK: OBJECTION, SPECULATION, ANYTHING IS POSSIBLE.

THE COURT: ANYTHING IS POSSIBLE. SUSTAINED.





“I thought I heard somebody say something.”

"I thought he had made some comments to me. I heard what I thought was a voice."



During his sloppy closing, the frantic Steven Feldman attempted to kidnap, molest and murder the law when he instructed the jury:

"If she was killed before he left that room, he's not guilty. That's what the law is. And you all promised to follow the law, regardless of what the law is."

FELDMAN'S OPENING:

"Brenda is putting the moves on people, meaning she's behaving in a sexually aggressive manner. Brenda was trying to bring company home to Damon."

FELDMAN'S CLOSING:

"We don't blame the van Dams. We don't blame the parents."



Sandra Delong testified that, on Monday, Feb. 4, as she was driving to work at about 7:10 in the morning, she saw Westerfield's RV on the road heading toward Sherman's house in High Valley where he regularly stored it.

Alick Lau: An engineer who lives in Sabre Springs, Lau testified that, while jogging, he noticed Westerfield's RV parked beside the house at about 8:40 on Saturday morning, Feb. 2.

Martin Franklin: A software engineer living in Sabre Springs. Franklin testified that on Saturday morning, Feb. 2, at about 9:00, he saw Westerfield's RV parked beside the house. He said that he also saw Westerfield near the RV.

John Stinebaugh: KFMB Photojournalist and Sabre Springs resident, Stinebaugh said that as he drove to work at 9:15 on Saturday morning, he saw Westerfield's RV.



COUNSEL, IT SEEMS LIKE EVERY DAY BRINGS NEW JOY INTO MY LIFE. THE COURT'S WEBSITE APPARENTLY IS STARTING TO BE HIT BY INDIVIDUALS THAT ARE OUT THERE. AND I HAVE INSTRUCTED OUR PUBLICIST WHO IS IN CHARGE OF THAT WEBSITE TO SEND ME OR BRING ME COPIES OF ANY E-MAILS THAT COME IN. SHE HAS FORWARDED TO ME AN INTERESTING E-MAIL. IT TECHNICALLY IS A COMMUNICATION AND, AS A RESULT, I'M GOING TO HAVE IT FILED WITH THE FILE.






The same people who springboard to dreadful conclusions about Damon van Dam based on the vague notion of a little girl's letter saying, “daddy please forgive me” – are somehow, unable to draw a damning conclusion about the defendant, when confronted with the scientific certainty of 1 in 130 quadrillion!

The accused is afforded a jury of peers. Why shouldn't the victim be granted the same measure of common sense wisdom?

Common sense says little Danielle van Dam was in the company of the defendant in several places, and common sense says it was all at the same time -- the weekend she went missing from her home. Even the dogs in this trial have testified to the obvious truth.

The defendant, who is later found to have catalogued and saved illegal violent child pornography, offers only a preposterous road-trip story as an alibi. Well, “Some birds fly and some birds don't. Some dogs hunt and some dogs won't” -- and Mr. Feldman, that dog don't hunt.



If you want to hide something, put it where everyone can see it -- then no one will look.

Criminals routinely return to the scene of their crimes, because the crimes are often committed where they live, work or play.

If looks could kill, David Westerfield spent the afternoon putting the blade of a shovel through criminologist Annette Peer's skull.



"All his blinds were shut down in a very uniform manner, including the back door, and no windows were open at all. I remember thinking, 'That's weird, why is everything shut down like that?'"

-- Mrs. Hoeffs , the “new mom” neighbor



Are The Kids Alright?
Brenda did not check on her child for 12 hours.

You cannot make sense of a senseless killing; the important fact here is that Danielle's DNA was found where it should not have been.

Even if the defense could scientifically show that Danielle van Dam died after the date Westerfield went under police watch, it may only mean the poor child was left on the side of the road -- still slightly alive and suffering for hours. Further, for the defense to conclude that Westerfield is innocent because the body was moved beyond the time of his surveillance – they would have to rely on the assumption that the San Diego police department is 100% capable, competent and trustworthy.



The brave and obviously clever Danielle van Dam left a mountain of evidence for Jeff Dusek to work with. Why is he confusing the jurors with these pompous and poorly prepared rebuttal witnesses?

Feldman made his point -- using the state's expert no less -- the victim's corpse did not display the normal kind of post-mortem insect activity. Faulkner readily agreed that he was giving the latest date -- not the earliest -- and that the body may well have been there for weeks.

Lawyers only argue a point when they suspect it has some sway with the jury. Perhaps Mr. Dusek knows something I don't, but this talk of maggot mass is beneath the dignity of the young victim.


Criminalist Jennifer Shen told the jury that she found "an abundance of long, bright orange, acrylic fibers" and "short, slightly curved, blue-gray, nylon fibers" on Danielle's corpse. Ms. Shen testified that she had no way of knowing where those fibers came from, but she was certain that the same oddly colored fibers were also found on the defendant's laundry and bedding that was collected shortly after the murder.



News Flash! -- Victims Have Rights, Too



Danielle van Dam had the right to life, liberty and the pursuit of happiness. She now has the right to decent burial, to rest in peace, and to her survivor's vigorous pursuit of her killer.

Before you dismiss the defendant's statement as a simple slip of the tongue, please consider the implications his words have as it regards the nature of Danielle van Dam's final human contact, during her final hours on this earth.

I stopped and ate… stuff like that, you know, and took a shower. I was pretty wasted, you know, working… uh... almost had a heart attack, I think. …

Sat around for -- a little bit, but then decided to go – go ahead and take off. This is the little place that we were, we were at -- was just a little small turn-off type place... so… "

Westerfield theorizing that Danielle may have gotten out of bed before her parents and wandered out of the house: "Well, that's just the way some people raise their kids."



Does this sound weird to you?



WESTERFIELD: I knew people were out in Borr-- out in… um - - I knew people that were going out to Glamis and things like that…

DETECTIVE: Is that G-L-A-M-I-S?

WESTERFIELD: G-L-A-M-I-S . Yeah. I knew people that were gonna be out there and… I said to myself, well you know, rather than hanging around by yourself and being lonely –- I'd just broken up with my girlfriend a few weeks ago… so, I wasn't very positive -- and so… I went and got a …um… I drove up to the house and all these people were around.



"Does this sound weird to you? Because this is perfectly normal for me."

This defendant drove 552 miles in less than 48 hours.

"My first thought was that she had gotten up early before her parents and had gone over to a friend's house... or that maybe she got up to sell cookies."

The Tidiest Killer in San Diego

If you accept the perfectly reasonable explanation for David Westerfield's extraordinarily clean house, RV and clothing, as simply a person who likes cleanliness – you then have to accept the perfectly reasonable explanation that any blood and hair found in those places, were left there fairly recently.

I can accept that a man goes on a road trip and a cleaning binge on the same weekend, but I cannot excuse away someone else's child's blood being found on his jacket even after dry cleaning.

An obsession with neatness and cleanliness -- dry cleaning, laundry, house, RV, car and lawn is obsessive – can often be an outward expression of an internal need for order.

And yes, there is a law against being too clean. You may not clean up the scene of a kidnapping and murder. The defendant wasn't simply doing a little laundry and straightening up his motor home, he was hiding evidence -- otherwise known as Fraudulent Concealment in the commission of a crime.

David Westerfield has independently registered four patents: The first three are fast-acting cleaning agents and the fourth is the patent on a computer data base program for cataloguing an extensive porn collection.



Some of the lies David Westerfield told in Glamis, on that Sunday:

He got a flat tire on his trailer.

He was looking for his friends.

He was meeting some friends out at the sand dunes, but they had moved the campsite because of some loud campers.

His cell phone battery had gone dead.

He had friends in "wash 6".



David Westerfield's Desert Intrigue

Danielle was probably wrapped up and at some point molested using the comforter Westerfield took to the Dry-Cleaners.

Westerfield apologized to police for the untidy condition of his bed – the comforter was missing! The defendant wasn't so embarrassed that he told them where the comforter was -- at the Twin Peaks Dry Cleaners, where he had dropped it off at 7 AM, along with a jacket that turned out to have DANIELLE VAN DAM'S blood on it.



Traits of the psychopath

Unable to bond, serial relationships or multiple marriages, lying, glibness, manipulative, exploitative, hot-headed



"Is this gonna be on TV? Can I put my hat on?"

"I thought she had a baby-sitter. He was away on a business trip, I think."

"I was there until about ten – ten thirty."

"I left here about 10:30."




Johnny Neal is the brother of Westerfield's second wife. Mr. Neal has become obsessed with the Westerfield case and has posted more than 1,000 messages on boards. He told reporters he has taken a leave from his job as a software engineer so he can follow the case full time.

Neal said, he and his family took countless vacations and trips with the Westerfield family and to his knowledge, Westerfield never acted inappropriately toward any of the children.

But one distinct trait of Westerfield's, Neal said, is that he is obsessively organized and neat -- "the sort of person who would complain if someone didn't wring all the water out of a sponge after washing dishes".



"No. No. I wouldn't recognize her. Um, you know, I wave to her mom when she drives by, but, you know, there was a little girl that, you know, matches or is similar to her description that came by the motor home and was look—peering in and I said, oh, how are you doing, you know, and she went off."

SDPD: I'm talking about children. Did you see any children?

DW: No, No.

SDPD: You didn't see any small children?

DW: No.

SDPD: And you would recognize her since she had just been at your house selling cookies?

DW: No. That's what I'm saying… I-- I, if -- if you brought her in here right now I wouldn't be able to tell her from 5 other kids, or 10 other kids.

SDPD: OK.

DW: Because I didn't recognize her at all.






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