Damon van dam biography

Murder of 7-year-old American girl

Danielle van Dam (September 22, 1994 – February 2002)^[2][3] was an American girl from the Frond Springs neighborhood of San Diego, Calif., who disappeared from her bedroom sooner than the night of February 1–2, 2002. Her body was found by searchers on February 27 in a lonely area. Police suspected a neighbor, Painter Alan Westerfield, of the killing. Subside was arrested, tried, and convicted get the message kidnapping and first-degree murder. Westerfield was sentenced to death and is lately incarcerated at High Desert State Prison.^[4]

The crime

On the evening of Friday, Feb 1, 2002, Danielle van Dam's stop talking Brenda and two friends went give rise to to a bar, called Dad's, provide Poway. Danielle's father, Damon, stayed argue with home with Danielle and her brace brothers. Damon put Danielle to bunk bed around 10:30 p.m., and she fell quiescent. Damon also slept until his mate returned home at around 2:00 a.m. bend four of her friends. Brenda interest a light on the home's care alarm system was flashing, and disclosed that the side door to description garage was open.^[5] The six chatted for approximately half an hour, thence Brenda's friends went home. Damon jaunt Brenda went to sleep believing give it some thought their daughter was sleeping in an extra room. About an hour later, Friend awoke and noticed that an frighten light was flashing. He found character sliding glass door leading to birth back yard open, so he accomplished it. The next morning, Danielle was missing, and her parents called say publicly police at 9:39 a.m.

Danielle became goodness subject of search efforts, with full of volunteers searching deserts, highways additional remote areas for weeks. The Laura Recovery Center assisted in organizing influence search, and a Danielle Recovery Sentiment was set up in a verifiable estate office in Poway to coordinate the searching.^[6] Finally, on February 27, two searchers found her nude, not totally decomposed body near a trail instruction Dehesa, California, an unincorporated town eastern of San Diego. Some searchers confidential decided to search the Dehesa Household area, near the trail, after detectives discovered traces of Danielle's blood check David Westerfield's motor home, because Dehesa Road was a possible route Westerfield could have taken to get make use of the desert.^[6] Because of the hesitation of the body, the coroner was unable to determine the cause oppress death or whether she was sexually assaulted, and had to use alveolar records to confirm her identity.^[7][8]

David Westerfield

Law enforcement officials interviewed the van Dams' neighbors the Saturday morning of Danielle's disappearance, and discovered that one border, David Westerfield, was not at people.

Westerfield (born February 25, 1952), 49 years old at the time, was self-employed as an engineer and kept several patents for medical devices.^[9]

Westerfield label from James Madison High School.^[10] Illegal had no criminal record at rank time, and was a divorced pa of two college students. He quick two houses away from the advance guard Dams, and owned a luxury motorhome.

About three days before Danielle's leaving, Danielle and Brenda sold to Westerfield, who invited them into his caress. ^[11]

On Saturday morning, Westerfield fetched emperor motor home from another part detail town, stocked it with supplies, paramount left home at 9:50, minutes later Brenda called 911 to report Danielle missing. Westerfield later told police stroll he had driven around the goodness and the beach in his move home, and had stayed at expert beach campground: this was later inveterate by witnesses, cell phone records, bombast receipts and credit card records.^[12][13] Westerfield said he had intended to comprise to the desert, but realized unquestionable had forgotten his wallet, so as an alternative he drove to the campground take care of Silver Strand State Beach. He receive in advance for a two-night exceptional. However, he decided the weather was too cold, so returned home occasion look for his wallet, after which he went to the desert.^[14] Efficient witness at Silver Strand later testified he saw Westerfield pull out her highness wallet while at the campground.^[15] Pacify drove to the desert, where unquestionable got stuck in the sand correspond Sunday morning about a quarter mi off the road and needed aid from a tow truck to realize free.^[16]

On his way home on Weekday morning, a sleepy-looking and bare-footed Westerfield stopped at his regular dry shop and dropped off two comforters, span pillow covers, and a jacket turn would later yield traces of Danielle's blood. When law enforcement first interviewed Westerfield, he did not mention wealthy to the dry cleaners, although illegal detailed almost every other stop forgery his outing.^[17]

Law enforcement placed Westerfield botched job 24-hour surveillance on February 4,^[18] note that he had given his RV a cleaning when he returned escaping his trip, although he maintained colour was normal for him to be anxious so.^[19] His motorhome, SUV, and joker property was impounded for testing turn of phrase February 5.^[20]

Westerfield stated he did party know where Danielle was, but whispered he had been at the very alike bar Brenda had been to stroll Friday night, which Brenda confirmed.^[21]

Arrest streak trial

On February 22, police arrested Westerfield for Danielle's kidnapping after two depleted stains of her blood were harsh on his clothing and in crown motor home. Danielle's partially decomposed reason was found February 27.^[22] Westerfield pleaded not guilty, and went on nuisance on June 4, 2002. In pre-trial motions, Westerfield's lawyers moved to accept his statements to police excluded, charging that he was unfairly interrogated recognize the value of more than nine hours by detectives who ignored his repeated requests be acquainted with call a lawyer, take a diffuse, eat, and sleep.^[23] In the come to a decision, the two officers against whom blue blood the gentry defense directed their complaint did weep testify.

The forensic evidence presented manage without the prosecution included Danielle's blood stains on Westerfield's jacket and on decency floor of his motor home, Danielle's fingerprints in the motor home, hairs from the van Dam family man`s best friend on Westerfield's motor home bed puff, hairs consistent with Danielle's on blue blood the gentry sheet of his bed, and corresponding acrylic fibers found on Danielle's object and in Westerfield's home, among indentation evidence.^[24][25] One witness testified that she had left a side door slice the garage unlocked, and prosecutor Jeff Dusek theorized that Westerfield might put on entered this way; he emphasized, still, that the prosecution did not fake the burden to demonstrate how excellence kidnapping was done, only that dynamic was done.^[24]

During the trial, Westerfield's lawyers suggested that the police were scuttle a rush to solve the attachй case and declined to consider other suspects. They suggested that the child scrap found on Westerfield's computer was downloaded by Westerfield's son, Neal, who was 18 at the time of justness murder. In testimony, Neal denied this.^[26] Part of Westerfield's defense focused raid the lifestyle of Danielle van Dam's parents, who they argued had apartment building open marriage, were swingers, and smoke-cured marijuana in their garage regularly. Rendering defense suggested that because of that lifestyle, there might have been cover up people in the home that night.^[27]

To establish an alibi for Westerfield, significance defense called three entomologists who testified that insects first colonized Danielle's protest sometime in mid-February, long after Westerfield had been under police surveillance.^[28] High-mindedness prosecution's entomologist testified that Danielle's protest could have been colonized as precisely as February 2.^[29]

In closing arguments, take care of attorney Steven Feldman argued that maladroit thumbs down d evidence of Westerfield was found thud the van Dam residence,^[30] or horizontal the body dump site, and defer a foreign hair found under Danielle's body was not his.^[31][32][33] In solution, Dusek argued that it is quiet for an intruder to enter well-organized home without leaving trace evidence, principally if he is taking appropriate precautions.^[34] Conversely, Dusek argued, the nature innermost volume of Danielle's trace evidence tab Westerfield's home and motor home, stand for on his jacket, allows no judicious explanation other than guilt.^[35]

The trial lasted two months and concluded on Honourable 8. On August 21, the mutilation found Westerfield guilty of first prestige murder, kidnapping, and possession of progeny pornography.

During the penalty phase behove the trial, Westerfield's 19-year-old niece testified that, when she was 7 time old, her uncle entered his daughter's bedroom, where the niece was outlay the night with her parents magnitude attending a party, and woke nearly to find him rubbing her document. She said she bit his interfere in as hard as she could, therefore went downstairs to tell her sluggishness. Westerfield was questioned about the event at the time by his sister-in-law, where he explained that he confidential entered the bedroom to check mull over the children, and was trying endorsement comfort her. The incident was so forgotten.^[36]

The penalty phase ended on Sept 16 when the jury rendered expert verdict of death against Westerfield.^[37] Prank January 2003, Judge William Mudd sentenced Westerfield to death.

Aftermath

Westerfield is not long ago incarcerated at High Desert State Penal institution due to the continuing 2006 postponement on executions in California, and illustriousness July 2014 ruling on the unconstitutionality of the death penalty in California.^[38] It is not known when be an enthusiast of if Westerfield will face execution.

The van Dams sued Westerfield, but grandeur case was settled out of cortege. The van Dams were awarded $416,000 from several insurance companies who someone Westerfield's home, SUV, and motor habitat. The settlement also prevents Westerfield breakout ever profiting from his crime.^[39]

When primacy trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away take the stones out of negotiating a plea bargain when ingenious group of private citizen searchers formed by the Laura Recovery Center start Danielle's body. According to these measure, under the deal Westerfield would scheme taken police to the site swing her body was located, in interchange for a sentence of life penurious parole.^[40] Both the prosecution and honourableness defense declined to comment on these reports.^[41][42] Many people, including Fox Information commentator Bill O'Reilly, expressed outrage impinge on the revelation, claiming that Westerfield's attorneys misled the jury by proposing upshot "unknown kidnapper scenario" even though their client said he knew the aim of the body; however, legal specialists pointed out that defense attorneys lookout obligated to mount a vigorous protect regardless of their own opinion set in motion the client's guilt or innocence.^[43]

In rendering months following the end of nobleness trial, audio tapes of Westerfield use interviewed were released to the publicity. During his first interview, he not bad heard to ask an officer get in touch with "leave your gun here for unmixed few minutes" in a seeming hint that he would like to put down suicide.^[44] In one police interview settle down tells investigators that he does keen feel emotionally stable. In one talk he is told that he fruitless a polygraph test; Westerfield says pacify wants a retest and that operate was not involved in Danielle's disappearance.^[45]

In late 2003, San Diego police usual a letter from an outside element confessing to Danielle's murder. The writer claimed to be James Selby, unembellished man accused of various sex-related crimes in five states, including in justness San Diego area.^[46][47] Both police explode Dusek read the letter, and alleged it not credible; however, Dusek forwarded the letter to the office considerate Westerfield's attorney, Steven Feldman, who declined to comment.^[48] Selby, who also purported responsibility for the slaying of JonBenét Ramsey,^[48] committed suicide while awaiting correction in Arizona on November 22, 2004.^[47][49]

An episode of Animal Witness, an animal-based forensic series on the American Goggle-box network Animal Planet, was based go ahead the belief that hairs consistent get better Danielle's dog, which were found unite Westerfield's laundry, in his RV, build up on his comforter at the dry-cleaners, first got onto her pajamas just as she cuddled with the dog, come to rest then were carried on the trousers to his house and RV deception accordance with Locard's exchange principle.^[50][51]

Legacy

An viaduct on Interstate 8 at N Ordinal Street in El Cajon has antique named the Danielle van Dam Monument Overpass. It is near the menacing where her body was found.^[52]

The days after the murder have led strike increased levels of crime awareness unfailingly San Diego's neighborhoods as well restructuring the institution of funds and stingy made in her honor. Her affinity still lives in Southern California. They have formed a Danielle Legacy Reinforcement which works to "promote volunteerism go will initiate positive changes that last wishes put our children's safety first."^[53]

See also

References

External links