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Originally posted by sheeee View Post
It is somewhat remarkable that so many people remain dedicated to examining this case. 14 years and then some. Many questions remain in my mind as well. Not as to the guilt of Westerfield---but how shall we ever truly decide who is guilty. The death penalty is barbaric; in the way I conceive civilization, there is no place for it. I bid you all greetings and salutations,
When there are many unanswered questions, much that is still unknown, there has to be doubt as to guilt.
February 15 phone call and Damon's search
- On February 16th (the day after the call!) DVD & his "high school" friend left for a three (3) day- trip around San Diego's East County! - Doesn't anyone see this trip as being odd? After receiving one (1) call from the "kidnapers" - who- would leave his wife alone for the next three (3) days! AND NOT stay close to the phone so as to be available in person to hear any news! This trip is weird, given the reason he gave for making it!! - Is it possible he went to drop off the "ransom" & then pick up a location for Danielle?
Q: PHOTOGRAPHS A, B, AND C. WHAT DO THEY SHOW US?
A: I DON'T KNOW WHAT A IS. MAY I GET UP AND LOOK
Q: SURE.
A: OH. SORRY. THAT'S A BRIEFCASE.
Q: DO THEY APPEAR TO BE THE TREE AREA WHERE THE BODY WAS FOUND?
Isn't the removal of the "trap & trace" on the Van Dam phone the "DAY BEFORE" another amazing COINCIDENCE in this case! Is there, in reality, a tape of this call? I believe a call was received based on this fact and this fact alone - 'I Danielle's Mother "reported" having received it! (I know Brenda Van Dam lied about a whole bunch of stuff during this ordeal, but I really doubt she lied about anything after 15 days waiting to receive any news of her daughter's well-being/location! )
...Danielle had been abused but was alive...
"On February 15, 2002 at about 1600 hours Brenda van Dam received a telephone call from an unknown male. The unidentified male asked Brenda van Dam if she wanted her daughter back. The unidentified male stated Danielle had been abused but was alive."
from search warrant 27846: February 19 warrant (No. 27846)
"A. All information derived from the installation and use of a device commonly referred to as a "trap and trace" to identify the telephone numbers of, location, the name and address, customer service record, billing statements, and credit information of the subscriber of record whether published or non- published for all telephones used to call telephone number (858) 513-xxxx (the van Dam's phone number) , and any other telephone numbers located at the address of said phone numbers, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation, a child abduction from a private residence.
The subscriber has given his permission to request and extended period of time in efforts to assist with the investigation; and,
B.All information derived from the installation and use of a device commonly referred to as a "pen register" (dialed number recorder) to identify the telephone numbers of, location, and the name and address of the subscriber of record whether published or non-published where calls are being made from telephone number (858) 513-xxxx and any other telephone numbers located at the address of said phone number, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation..."
...it was then I learned the initial "trap and trace" had expired pursuant to search warrant #27800.
(Anybody got copies of this warrant? Anybody have the returns for this warrant? Interesting. This was the first warrant issued.)
I explained the exigency of the situation to an employee at Pacific Bell Telephone and requested an immediate "trap and trace" be again placed on the van Dam's telephone, Based on the time 1600 hours on Friday 02-15-02,
...Even more horrific! - Is it possible they left Danielle alive on Dehesa Road by herself and she was attacked and killed before her father could find her? He may have spent all three days searching for her along Dehesa Rd.
Doesn't anyone see this trip as being odd? After receiving one (1) call from the "kidnapers" - who- would leave his wife alone for the next three (3) days! AND NOT stay close to the phone so as to be available in person to hear any news!
Good point. I hadn't thought of that. Maybe Damon did go to drop off a ransom.
Isn't the removal of the "trap & trace" on the Van Dam phone the "DAY BEFORE" another amazing COINCIDENCE in this case!
It points to someone with inside knowledge.
I do think it possible that Danielle was left alive on Dehesa Road, but she might have died there of her injuries rather than having been killed there. Damon reportedly spent much of his 3-day trip out in the desert, so I doubt he spent much time searching Dehesa Road.
Bill Libby hearsay from Douglas Pierce
11. He told me that they planned to go to the camping in the
mountains that weekend just him and Damon and their boys. He was
not sure why Damon cancelled the trip at the last moment.
A. Because Bill wanted to go Sunday. I think I was going to go alone Saturday, and then Bill wanted to go Sunday. So we changed it to going Sunday with Bill.
A. I DON'T THINK. IT MIGHT HAVE BEEN BILL LIBBY BUT I THINK IT WAS JUST ME AND HIM IN THE ORIGINAL PLANS. WHAT HAPPENED WAS, IT WAS BILL'S CABIN AND HIS -- HE AND HIS SON WANTED TO GO ON SUNDAY, SO WE CHANGED THOSE PLANS TO GO WITH BILL AND HIS SON DERRICK ON SUNDAY INSTEAD OF GOING JUST ME AND MY SON DEREK ON SATURDAY.
A. THEN THEY GOT CHANGED BECAUSE BILL DECIDED HE WAS GONNA GO UP THAT WEEKEND. HE SAID HE WASN'T GOING TO USE THE CABIN THAT WEEKEND AT ALL, AND HIS SON DECIDED HE WANTED TO GO UP ON SUNDAY.
Q. ARE YOU ABLE TO TELL US WHEN THOSE PLANS CHANGED FOR YOU?
A. THE DAY I CAN'T BE SURE. I THINK IT WAS BEFORE FRIDAY. WEDNESDAY OR THURSDAY, BUT I REALLY DON'T KNOW FOR SURE.
Q: DID YOU THEN GET TOGETHER WITH THEM, WITH BOTH BARBARA AND BRENDA THE FOLLOWING WEEKEND?
A: YES, WE DID.
Q: WHEN WERE THE PLANS MADE FOR THAT?
A: THE WEEK PRIOR. JUST MAYBE MONDAY OR TUESDAY. I DON'T REMEMBER THE EXACT DAY. BUT WE DID GO OUT THE FOLLOWING WEEK. I WAS ABLE TO CHANGE MY TRIP SO THAT I COULD GO THE FOLLOWING WEEK TO BALTIMORE.
Q: SO WHICH DAY WERE YOU GOING TO GO TO BALTIMORE?
A: I WAS GOING TO LEAVE -- THAT WAS A FRIDAY NIGHT. I WAS GOING TO LEAVE SUNDAY I BELIEVE.
(Friday the 25th is over. Saturday is the 26th. Sunday the 27 arrives and there is NO reason for Denise to be in town on Monday the 28th. They went out Friday, had a good time and it's Sunday and time for Denise to leave, but she doesn't.
Why not? Did somebody have alternate plans for the 1st also? Was Danielle supposed to go missing on the 25th or was the 25th a dry run for the events of February 1st?)
Q: SUNDAY AFTER THIS INCIDENT OCCURRED?
A: YES. BUT THE WEEK PRIOR, THE 25TH, THE FIRST NIGHT WE WENT OUT, I BELIEVE THAT I WAS GOING TO LEAVE THAT SUNDAY AS WELL. AND I MOVED MY TRIP.
Q: WAS THERE ANY DISCUSSION AT ALL ABOUT WHETHER OR NOT BRENDA WOULD BE ABLE TO GO WITH YOU ON THIS SECOND OCCASION, THE 1ST OF FEBRUARY?
A: WE TALKED ABOUT IT. SHE WASN'T SURE IF SHE WAS GOING TO BE ABLE TO GET A SITTER BECAUSE DAMON WAS TAKING DEREK SNOWBOARDING.
Q: EVENTUALLY SHE WAS ABLE TO MAKE ARRANGEMENTS.
(Maybe a psychic hinted at Denise to cancel her trip so the girls could go out a second time. If Denise hadn't cancelled or moved her trip, would Danielle still be alive today? Nobody knows, but if Dusek and SDPD can speculate, so can I, I believe.)
Q. Was there any discussion between the two of you?
A. She was going out for pizza. She asked where i was 'cause she wanted to know if she could go out for pizza, and i was coming over the hill at miramar, which is five minutes, less than five minutes from home.
Last edited by donttellthejury; 07-12-2016, 04:26 PM.
(10 days before Danielle's body is found, two days after the "abused but alive call" and the mid point of Faulkner's estimate as to the date Danielle was left at Dehesa.)
Said Sara Fraunces, a family spokeswoman: "They do not lead a perfect lifestyle. But they did not kill their daughter."
(Somebody was assuming Danielle was dead and others were assuming the parents were somehow involved. By February 17th, the parents were a long way from being suspects, weren't they?)
7. I asked does the family have an attorney? Bill Libby said, "No, the only person who asked for an attorney was Sara France-Mueller the public relations person for the van Dam's.
I asked why?
He said, "she would not be able to help them."
Q: WHAT HAPPENED WHEN YOU GOT TO THE VAN DAM HOME?
A: WE WENT INTO THE KITCHEN.
Q: WHAT WAS GOING ON?
A: BRENDA WAS CLEANING UP FROM DINNER AND ORDERED PIZZA. AND DAMON WAS ON THE COUCH PLAYING VIDEO GAMES.
(Maybe everybody was jealous of Brenda going out for pizza and she decided to order pizza for those who missed out.)
Q. WHAT WAS GOING ON DOWNSTAIRS?
A. THEY WERE AT THE KITCHEN TABLE EATING PIZZA AND COOKIES. SOMEONE WAS HEATING UP SOME PIZZA. AND THEY HAD A THING OF CHOCOLATE CHIP COOKIES OUT ON THE TABLE.
Q. DO YOU KNOW IF THIS WAS NEW PIZZA OR PIZZA FROM YOU GUYS?
A. PIZZA FROM NOON.
Brenda van Dam and the others left about 2 a.m. Saturday and returned to the van Dam home, where Damon van Dam was watching the children, and the group ordered pizza, police said.
(I can only imagine how ridiculous this story would have been without the dress rehearsal on the 25th of January.)
"If we hadn't homed in on him so quickly, it would have given him a little more time to think up better stories, do some more cleaning," Lt. Jim Collins said.
Peter D. Vandam
aka: P D. Vandam, Damon D. Vandam, Peter D. Van Dam, Peter D. Van, D V. Peter, Damon Van Dam, Dam P. Van, Damon Van, Damon Van Peter
(Can't believe anything in the internet unless it's true.)
When police learned of Danielle's disappearance Feb. 2, they didn't have anything to go on.
"We had absolutely nothing," Collins said. "All we knew was that she was missing."
(We didn't know about the bloody blanket, bean bag chair, pajamas, purple top, bloody stairwell and bloody garage threshold. Not to mention the STAINING in the crotch of Danielle's panties / underwear.)
I know everything she liked to eat, I know everything she wrote," Woods said. "It's surprising to realize I never knew her."
...The final words penned by victim in her journal the night before she went missing:
"DADDY PLEASE FORGIVE ME, DADDY PLEASE FORGIVE ME. I WILL BE BETTER NEXT TIME. DADDY PLEASE LOVE ME".
Thoughts from a friend and neighbor of Danielle
LilMeesyy posted this on the internet several years ago: "i know the whole story...i was her neighbor and her friend i miss her so much and she would be about 15 right now if that didnt happen but its worse if u knew the whole story."
(Been waiting 14 years for the whole story to surface. Can you help?)
mr. Dusek: because there is no lesser, related or included offense to felony murder. We are proceeding on a felony murder theory. The simplest theory that we have. The one that is best supported by the evidence that whoever did this crime did the kidnapping, and that the person died from that kidnapping, it's first-degree murder.
We don't need to concern ourselves with wilful, deliberate, premeditated, specific intent to kill.
It is simply did you do a kidnapping. Did that child die during that kidnapping. That's the theory we've been going on. That's the theory we presented here. There is no lesser, included offense to felony murder.
By Alex Roth May 7, 2002
Prosecutor Jeff Dusek said the girl's body was missing three upper front teeth, only one of which was found at the scene, inside her mouth. The body was "completely nude, with no clothing or fabric anywhere around," Dusek said.
(Danielle's bedroom scene? The motor home scene? The recovery scene? The scene at the morgue?)
Q: All right. Now, when you were first there, did you find any of these missing teeth, the first time, on the 28th?
A: the only missing tooth i ever found was number 10. That was the only one that -- of the ones that are missing marked with the orange. That i recovered way in the back of the mouth in an area called the vestibules, where the gum meets the cheek, way in the back.
And i did not see that when i first took the x rays on the 28th.
A: WELL, INITIALLY FOUR, BUT I RECOVERED -- WELL, AGAIN THE NUMBER 8 WAS I THINK JUST ON THE TONGUE WHEN I EXAMINED HER.
AND, OF COURSE, SO THAT MEANT THAT THE CANINE WAS MISSING. THE -- SO I INITIALLY FOUND FOUR TEETH MISSING. ONE I RECOVERED LATER ON. SO THERE WERE STILL THREE TEETH MISSING; NAMELY, THE UPPER RIGHT CANINE, NUMBER 7, AND NUMBER 8.
"It is her," said a detective close to the investigation. "It's female, a young girl, the same size as Danielle. The clothing looks like hers, and the body appears to have been out there three to four weeks, which is how long she's been missing
"...it would have given him a little more time to think up better stories, do some more cleaning,"
http://www.signonsandiego.com/news/m...c14robert.html
Roberts' interest in sex criminals stemmed from his radio work on missing children. He said he dealt with several cases early in his career and grew angry when he realized many of the abductions were committed by repeat offenders.
His experience with these other cases came to play in the van Dam disappearance, he said. He didn't believe the details and time line as they were reported in the initial media accounts.
"The whole thing didn't make sense," he said.
Several days after Danielle vanished, Roberts said he got information from a law-enforcement source about the parents' activities. He said he agonized about whether he should go public with the details. Then "the van Dams made the decision for me."
"You can't go in front of the public like Ward and June Cleaver and say, 'Gee, we put Wally and the Beaver to bed at night and when we woke up the Beaver was missing,' not when you know it isn't true," Roberts said.
Klaas, in a phone interview the next day, said, "Law enforcement has said that none of the van Dams' choices had anything to do with the murder, but Rick Roberts just keeps going on and on about it.
He likes to talk about serious subjects on his show – "I want people to think" – but he said he tries not to take himself or what he does too seriously.
Anatomy Of A Murder: Westerfield vs. Van Dams (A Mother's Story)
San Diego Online ^ | June 27, 2002 | Kevin Cox
"At that time, attention was starting to get diverted to allegations of family lifestyle," says a spokeswoman for Fleishman Hillard, an international public relations and communications firm. A week after Danielle disappeared, four employees from the firm's San Diego office started working with the van Dams as unpaid volunteers.
The spokeswoman says the van Dams needed help also because of the "news crush"—the sheer number of reporters now working the story—"and the fear other news [stories] would begin to override" the search for Danielle. "At that point, there was still a child missing," she says. "That was the concern."
The Fleishman Hillard employees worked with the van Dams for eight days, but the spokeswoman says the pair didn't need any coaching. "In the media, there was a lot of second-guessing, a lot of speculation that the van Dams were heavily media trained. Frankly, that's not true. They knew what they wanted to say; they knew where they wanted the attention to stay focused. We just helped them along."
(What event caused the PR people to call it a day? The call on the 15th? Feb 9 + 8 days = Feb. 17.
"Well Brenda, the caller suggested Danielle was alive but abused, do you want her back? Looks like our work here is done!!!)
...• a February 19 warrant (No. 27845) to search records of Verizon
Wireless for information regarding calls between February 15-19
made on a police mobile phone used while attempting to recreate
Westerfield's travel route; and
http://www.thedailybeast.com/newswee...-over-yet.html
"We have confirmed that in fact it is the body of Danielle van Dam," San Diego District Attorney Paul Pfingst said at a press conference on Thursday. The missing girl was identified by her dental records. Due to the decomposed state of the partially-burned body, police said they had not yet determined the cause of her death.
(This information AFTER the autopsy? Has to be. She was identified at autopsy. Yep, burned.)
..."However, police said the body appeared to be that of a child, and a deputy at the scene 25 miles east of the city said it had been partially burned. A positive identification of the body could take several days.
"Earlier, a sheriff's deputy at the scene 25 miles east of the city had said the body had been partially burned. But authorities declined late Wednesday to discuss the condition of the remains, pending an autopsy, except to say they were badly decomposed.
"At this point we cannot positively confirm that it is Danielle," San Diego police Lt. Jim Collins said. "However, we don't have any other young children missing in the county that have been reported. It's a high probability that it is her."
"...EL CAJON, Calif. (AP) — Investigators believe the gruesome discovery of a nude, partially burned girl's body ends the hunt for Danielle van Dam, the 7-year-old who disappeared more than three weeks ago."
"Dental records may be the only reliable source of DNA in cases of
explosions or burns," said Sperber, chief forensic dentist and expert
in wound recognition. "When there is no confession or eye-witness
such as in the van Dam investigation, it becomes a circumstantial
case, and the goal is to identify motive, utilizing evidence-based
http://forums.signonsandiego.com/sho...47293&page=270
November AWIS Chapter Event:
Forensic Science Helps to Outsmart the Criminal Mind
By Joanne M. Mullen
Do you find yourself circling dates on your calendar so you don't miss an episode of Crime Scene Investigation (CSI)?
Do the keen sense of observation and logical thought process of Gil Grissom and his forensic staff amaze you as they piece together physical evidence from both obvious and subtle sources, linking mechanism of injury with potential crime suspects and motive…all within 60 minutes?
If you're nodding your head, then the November 8 AWIS Event, Forensics: Deducing the Hidden Truth was a "must attend" for you, as well as the 50 or more like-minded AWIS-SD chapter members who made up the captive audience that evening. A four-member panel of notable San Diego criminalists explained the compelling, real-life San Diego 2002 homicide case of seven-year-old Danielle van Dam.
The panelists were
Captain Eric Stalnaker of the San Diego Metro Arson Strike Team (MAST),
Annette Peer from the San Diego Police Department (SDPD) Crime Lab,
David Faulkner, head of the San Diego Forensic Entomology Services,
and Dr. Norman "Skip" Sperber, a nationally-recognized forensic dentist from the SDPD Crime Lab.
(Which panelist doesn't belong and why not?)
If you guessed Stalnaker, you are absolutely correct. Why?
Stalnaker is a 25-year San Diego firefighter and San Diego County Bomb Squad commander. He is a 20-year veteran of MAST. This team, under the direction of the County Sheriff's Department, investigates cases of suspicious fire or explosive devices and provides educational outreach to the community. Its additional mission is to promote awareness of the dangers associated with fireworks and accessibility of firearms by minors.
...said Jerry Van Wey of the Metro Arson Strike Team. (1989)
...Q: ALL RIGHT. WERE ANY OF THE WALLS DESTROYED?
A: YEAH. ONE OF THE WALLS BY THE ENTRYWAY THEY TOOK A COUPLE CHUNKS OF IT.
Q: TOOK THE DRYWALL ACTUALLY?
A: YEAH. THE DRYWALL AND STUDS.
Peer, a 22-year SDPD DNA analyst, is recognized as one of the two criminalists who initiated the first forensic DNA laboratory in San Diego County. She was "on the scene" as the lead investigator in the van Dam murder investigation and was an expert witness in the subsequent trial and conviction of David Westerfield.
Faulkner heads the San Diego Natural History Museum's Entomology Department. He has been a research associate for 25 years and claims a life-long interest in entomology. He also testified as an expert witness in the van Dam case.
Sperber has had a distinguished forensic career that includes the development of the first state dental identification system in the U.S. (in California) which then led to the first National Identification System (NCIC) in cooperation with the Federal Bureau of Investigation (FBI).
Sperber, an otologist and chief forensic dentist, is known nationally as an expert in wound recognition and has extensive experience as a forensic authority.
http://www.sdawis.org/files/newslett...n_Feb_2006.pdf
https://www.sandiego.gov/fire/about/...cialteams/mast
MAST responds to incidents fitting these criteria:
Fire Related
Incendiary or suspicious cause in structures
Estimated property loss of $25,000 or more
Vehicle fire with a suspicious or undetermined cause
Serious injury or death has occurred (excluding traffic collisions)
Part of an identified arson series
Grass or rubbish involved and there is a known suspect or suspect information
Caused by a juvenile with prior fire setting history or uncooperative parents
Suspect in custody or information likely to lead to an arrest is available
Any situation in which the incident commander believes a response is desirable
Explosives Related (See Bomb Squad)
Found bombs, munitions, suspected bombs, and hoax devices
Evaluation of suspicious items
SWAT Critical Incidents (when requested)
Dignitary protection operations (when requested)
Routine ammunition and fireworks recoveries
"Dental records may be the only reliable source of DNA in cases of explosions or burns," said Sperber, chief forensic dentist and expert in wound recognition. "When there is no confession or eye-witness such as in the van Dam investigation, it becomes a circumstantial case, and the goal is to identify motive, utilizing evidence-based proof."
https://jerrys100days.wordpress.com/2012/11/
More changes came to the unit after I had been there for a year or so. Bob Donaldson and Bob Vittek both moved on to other assignments and served the Department well for many years as investigators. Dave English was still with us. Don Simpkins joined our team from Nights and was a nice enough guy but was not a good fit for the unit, transferring the Central Investigations after a short time.
Jerry Van Wey, a more seasoned detective, also joined us at some point. Jerry was a slow worker but dogged about his follow-ups. I always said if I were a crook, Jerry would be the last person I'd want on my case because two years later he'd spot you and remember you were wanted for something.
But Jerry really struggled with writing reports. One time out of the blue Jerry looked at me and said, "You really ****(urinated) me off." I asked why and he said, "You can do 8 hours work in 5 hours. It takes me 15 hours to do 8 hours work." That was pretty accurate.
Q OKAY. AND WHEN I -- I'M SORRY. WAS MR. VAN WEY, IS HE ROBBERY OR IS HE HOMICIDE, DO YOU KNOW?
A HE WORKS NORTHEASTERN INVESTIGATIONS.
Q IS THERE A DISTINCTION? OR COULD YOU PLEASE EXPLAIN.
A THE AREA COMMAND IS NORTHEASTERN AREA COMMAND. THEY HAVE PATROL AND INVESTIGATIVE
PERSONNEL. HE IS PART OF THE NORTHEASTERN AREA COMMAND INVESTIGATIONS.
Q BUT THAT DOESN'T REALLY TELL ME WHETHER HE'S ROBBERY OR HOMICIDE.
A HE'S NEITHER.
Q OKAY. BUT HE'S ONE OF THE INDIVIDUALS WHO HAD -- WAS HE A UNIFORMED OFFICER ON FEBRUARY 2ND?
A NO. HE WAS IN PLAIN CLOTHES.
(Wow, Northeastern Area Command Investigations were involved in the investigation on Saturday, February 2nd? How long had she been missing in the 2nd? Less than 24 hours? How much blood was actually found in the house and garage? Got pictures?)
Police Baffled by 7-Year-Old's Disappearance
Feb. 4
(Was Mr. Van Wey from NORTHEASTERN AREA COMMAND INVESTIGATIONS also baffled?
Were the patrol officers so overwhelmed at what they experienced that NORTHEASTERN AREA COMMAND INVESTIGATIONS needed to be called in BEFORE robbery and homicide?)
The initial response and search efforts were led by Captain Nancy Goodrich out of our Northeastern Division. And pretty much the entire division was involved over days and weeks in this investigation.
(Including Jerry Van Wey from NORTHEASTERN AREA COMMAND INVESTIGATIONS. Was Captain Nancy directing Mr. Van Wey on February 2nd? Why didn't Mr. Van Wey testify as to why he was called to the scene on February 2nd?)
MR. BOYCE: THERE'S TWO WITH THIS DETECTIVE ON FEBRUARY 4TH. AND THERE'S ONE WITH MR. FISHER ON FEBRUARY 11TH I BELIEVE. FEBRUARY -- I'M SORRY. FEBRUARY 3RD. AT 1:00 O'CLOCK. WITH MR. FISHER. AND THEN THERE IS MISS -- THERE IS A TAPE RECORDING BETWEEN MISS DENISE KEMAL AND A PSYCHIC WHICH DOESN'T HAVE ANY RELEVANCE. AND THEN LATER WITH A DETECTIVE ON FEBRUARY 27TH.
http://www.nytimes.com/2002/03/01/us...iego-girl.html
Grim Guesswork Led to the Body of San Diego Girl
The volunteers who found Danielle van Dam were acting on a hunch.
(Do actors use scripts? Just askin'.)
"... in a thicket of oaks off a winding rural road that leads to the desert."
(She wasn't found in or near the desert, just beside a road that leads to the desert eventually.)
They found the body of a child four feet tall, with blue eyes and blond hair, just like Danielle, and wearing a plastic necklace, like the one Danielle was seen wearing in the thousands of posters plastered around the county.
(Blue eyes? Clothing? Partially burned?)
Bill Garcia, a private investigator who has participated in more than a dozen missing children cases and who volunteered to coordinate the search team that found Danielle's body, said the spot where it was found was on the route to the dunes. Mr. Garcia said his team had guessed it was a logical place for someone who wanted to avoid a major highway.
...Tidbit: The tip to the Recovery Center was on 2/26. A woman called in the tip. She claimed to be psychic and gave a description of the area and told them it needed to be searched again. It was not a Bill Garcia hunch as we suspected or were led to believe.
(A man called to state the condition of Danielle on the 15th. A female calls in on the 26th to reveal the location of the body. Sounds as if Westerfield had two accomplices, eh?)
...Searchers on Saturday were in the area where the body was found yesterday and came up empty, Garcia said.
..."It is her," said a detective close to the investigation. "It's female, a young girl, the same size as Danielle. The clothing looks like hers, and the body appears to have been out there three to four weeks, which is how long she's been missing.
...SAN DIEGO (Reuters) - Volunteers searching for 7-year-old Danielle van Dam, who was kidnapped from her bedroom three weeks ago, found a partially burned child's body on Wednesday and police said there was a "high probability" that it was the missing girl.)
...Tuesday, Feb. 26
Westerfield arraigned on charges he kidnapped and murdered Danielle and misdemeanor possession of child pornography. Pleads not guilty.
(Time to end the drama and give up the body? Right caller on the 15th? Right caller on the 26th? Hearsay, but hearsay can be TRUE!!!
Westerfield must have told his accomplices to "give up the body" the day he's arraigned. That's the way it's going down in my book. Apparently Westerfield's male accomplice left his blood mixed with Danielle's on her blanket when he abducted her and turned here over to Westerfield for the weekend.
Before Westerfield arrives home, he returns Danielle to his two accomplices.
The male accomplice calls Brenda and provides a status report on Danielle's condition.
A day later, Danielle is dead and the insects find her immediately.
On February 26th, after Westerfield's arraignment, a tip is called into the search center and Danielle's body is recovered the next day at the location where the psychic female caller said it would be.)
Re: Lots of reruns this season
Mr. Boyce: And she could also have been killed in the room, too, in her bedroom. there's blood in the bedroom. i mean those are -- i'm not saying we are relying on those theories, but those are certainly theories that are out there. and there's been no evidence as to where, when, or how she was murdered.
(Again, define reasonable doubt?)
the court: that may be the case, but on the key issue of whether or not she went willingly, there is evidence.
(The blood on her blanket and in her bedroom indicates she didn't go willingly. Yet, no sign of a struggle. What caused Danielle to bleed in her bedroom the night she went missing?)
the parents have indicated no one had permission to take their child out of that house. That is a kidnapping. That is a precursor to the child even, assuming that the evidence is believed, being in proximity to your client.
...no evidence as to where, when, or how she was murdered.
(Who, doesn't lead us to where, when or how, does it?)
...on the key issue of whether or not she went willingly, there is evidence
So -- and the prosecution is not required -- we seem to be arguing this, and i'm sure you will argue that there is no proof of how this all occurred. And that may very well be the case.
but there is proof that she was home; there is proof that no one had a right to be in that house other than the family.
And there is proof that the parents didn't give anyone permission to take their child. That's kidnapping.
..."assuming that the evidence is believed"