david westerfield
The content of this site is protected by Copyright Law. (Title 17, US Code) - July 2002 - Westerfield criminal defense - P. Montgomery

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Unposted.com: The trial of David Westerfield
CLICK HERE FOR TRIAL TRANSCRIPTS

I kind of wished I played the Lottery that day to tell you the truth because maybe it was my day to win the Lottery.
Who the heck knows?
Brenda Van Dam
Extract from the Larry King Show - December 3rd 2002

david westerfield jacket blood
Trial: Westerfield's jacket
Feldman: "If any of the items would have had blood on it, you would've spotted it?"
Clerk: "Yes,"

April 30th 2005 - James Allen Selby
March 2005 - The confession
01/12/03 - MEET THE EXPERTS !
01/12/03 - "new secret" motions unsealed !
01/08/03 - The videotaped interrogation
01/06/03 - The others
1981 - Adam Walsh
1989 - Tiffany Sessions
1991 - Jared Michael Negrete
1994 - Amanda Dougherty
1999 - Michael Negrete
THE INTERVIEW
Intro
David Westerfied
My theory about DNA - I
Computer and porn
12/7/02 - CHILD PORN RING & VAN DAM CASE
12/6/02 - BABYSITTER & TRIAL DINNER
BRENDA VAN DAM on Larry King Live - 12/03/2002
DANIELLE VAN DAM killed at home
Danielle's discovery: WILL MEDIA TELL THE TRUTH?
Video rape: 1 LITTLE GIRL AND 2 MEN
Identifying Danielle's bedroom
Danielle's bedroom (2), Van Dams vacuuming
Danielle's last day

Blood on jacket (updated)
Fingerprints
DEATH SENTENCE
MEET THE JURY

WHY WESTERFIELD BECAME SUSPECT!!!
(updated)
PLEA BARGAIN
MY POINT OF VIEW

NEWS

TRIAL EVIDENCE
Neal Westerfield
Molestation in the family
Testimonies principal witnesses:
parents and sexpals

911 call
Damon Van Dam's testimony I
Damon Van Dam's testimony II
Damon Van Dam's cross-exam I
Damon Van Dam's cross-exam II
My comments of Damon Van Dam's testimony
Brenda Van Dam's testimony I
Brenda Van Dam's testimony II
Brenda Van Dam's cross-exam I
Brenda Van Dam's cross-exam II
Brenda Van Dam's cross-exam III
My comments of Brenda Van Dam's testimony
My comments of the Van Dams testimony
Barbara Easton
Denise Kemal's testimony
Denise Kemal's cross-exam I
Denise Kemal's cross-exam II
Richard Brady's testimony I
Richard Brady's testimony II
Richard Brady's cross-exam
Keith Stone's testimony
Keith Stone's cross-exam

What is a penalty phase - definition
Penalty phase and the niece
Niece testimony (transcript)
Niece cross-exam (transcript)
My questions
My comments

Events related on this site are not fictional and are available through public records, conclusions and comments are made by the author.

My interest in the Van Dams started with the trial of David Westerfield, the man accused of having kidnapped and murdered their daughter Danielle. My belief in his innocence is the reason why I started this journey in search of evidence to confirm or negate my conviction. When a man is accused of such a horrible act, the only way for him to get his life back, is to show that someone else could have committed that crime.
If you think Westerfield is a sick puppy deserving to be hanged to the next tree, I invite you to follow all episodes of my investigation, you might think differently when you are done.
Events related on this site are not fictional and are available through public and police records. Conclusions are made by the author.

BEFORE publishing this site I talked to Westerfield's criminal defense, contacted both parents of the two missing students and a newspaper regarding the information I found. Still, none of this information became public. I published this site as I believe the public has the right to know about what I discovered.
The site is, for me, the only way to get this information out.

Definition of the word "Bogus" (dictionary): Counterfeit or fake; not genuine: fraudulent; having a misleading appearance
Definition of the word "Bogus" (Westerfield's case): Everything NOT pointing finger at David Westerfield

April 30th 2005 - James Allen Selby
April 26th 2005
There are newspapers claiming they have letters from James Selby confessing to several high profiles murders, I am surprise they didn't post any of them....*.
I am not aware of any other confession from Selby (other than the murder of Danielle Van Dam) so I decided to post it for every reader to look at. (I hope this will give newspapers some incentive to post all confessions they received from Selby.....):

confession of James Selby to the murder of Danielle Van Dam
The confession
confession of James Selby to the murder of Danielle Van Dam
The envelop

*Since Selby'arrest (2002) up to his death(2004), there were many articles published in misc. newspapers (Tucson Citizen, Arizona Daily Wildcat, Arizona Daily Star). Among all those articles I was unable to find ONE WORD about ANY confession made by Selby until I wrote on my site about the one he sent to the San Diego police..... Suddenly, at least one newspaper declares having received letters from Selby: "The writing matches letters Selby sent to the Tucson Citizen. Selby wrote what he called a "hollow confession" to the Tucson cases, and said he admitted to many crimes while in Colorado, including the unsolved JonBenet Ramsey slaying. "You want me to clean up some cases? We'll clean 'em up," Selby told the Tucson Citizen. "Danielle Van Dam, yep, that's me, too... . I was being facetious." (Tucson Citizen, April 19th 2005). I really wonder why they never mentioned anything before April 19th 2005 and I hope we will soon be able to SEE those letters.....

March 2005
The confession

On August 5th 2003, James Allen Selby sent a letter to the San Diego Police Crime Unit. This letter is a confession to the murder of Danielle Van Dam. Below is the content:
"Detective. David Westerfield was not responsible for Danielle Van Dam's murder. I was. I'm in the El Paso county criminal justice center in Colorado Springs Colorado (James Selby) You have other cases against me and are waiting for me to be sent to you."

I read this confession on October 2004. One month later (November 2004) James Allen Selby was found dead in his cell. Official cause of death: "Suicide"....
No comments.
Introducing James Allen Selby:
37-year-old former soldier, serial rapist convicted in 2004 Arizona on 27 of 34 counts of sexual assault, kidnapping, attempted murder and other charges, accused of attacks on women in Oklahoma; Sparks, Nev.; and San Diego. Charged with attacking five Tucson women and a teenage girl in their Midtown homes between October 2001 and May 2002, sexually assaulting three of them.
In Cleveland County, Okla., he faced charges of rape, sodomy, burglary and kidnapping in the Sept. 16, 1999, assault on a 9-year-old girl. Police said she was pulled out of her bedroom window in the middle of the night and raped in nearby woods.
Selby, who was featured on the television show "America's Most Wanted," was the subject of multi-state manhunt where he was suspected to be responsible for 15 sex crimes, in San Diego, Nevada and Oklahoma due to DNA evidence.
James Allen Selby defended himself through his trial and was to be sentenced on November 22nd 2004. But....
On November 22, 2004, at approximately 7:00am, a Corrections Officer at the Pima County Adult Detention Center found James Allen Selby (DOB 10/16/66) hanging from the window of his cell. CPR and medical care was initiated immediately and paramedics arrived from the Tucson Fire Department. Mr. Selby was pronounced deceased at approximately 7:30am.
Mr. Selby had been last seen alive at 6:45am by the Corrections Officer making rounds. Mr. Selby had not made any threats of suicide prior to the incident. The Pima County Sheriff’s Homicide Unit responded to investigate this incident. Initial investigation indicates that policies and procedures were followed.
Media Release from the PIMA COUNTY SHERIFF'S DEPARTMENT - November 22, 2004
Selby was not on a suicide watch when he killed himself, and he never had been. Selby was isolated at the jail and had no interaction with other inmates because he had made comments about attacking officers. Selby insisted HE WAS NOT suicidal. The suicide was a surprise to the jail staff. Arizona Stars 11.23.2004
I believe Selby's confession was voluntarily buried for over 1 year. Why would Selby "commit suicide" right after his confession to the murder of Danielle Van Dam was (finally) revealed? Why would a man (not suicidal) bother to defend himself through his whole trial for suddenly (in 15 minutes) decide to commit suicide the day OF HIS OWN SENTENCING? Above all, was there ANY investigation made about his confession?
David Westerfield who NEVER ENTERED THE VAN DAM'S HOUSE and WHO NEVER CONFESSED TO THE CRIME was sentenced to death for the murder of Danielle Van Dam... Found guilty beyond any reasonable doubt.....
January 5th 2003
Extract from the transcript:
San Diego, California, Monday July 29, 2002, 8:39 a.m.
"The court: [...] on the key issue of whether or not she went willingly, there is evidence. the parents have indicated no one had permission to take their child out of that house. that is a kidnapping. [...] 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."
January 2003: I agree on one point with the above statement made by the court last July: we still have no proof of how this all occured but we never had any proof Danielle was home the night of February 1st 2002. Denise Kemal testified seeing Danielle around 8pm, the same Denise Kemal who testified she never saw the Van Dam's dog later that night. When asked about the same dog for the same night, Keith Stone, described it as "being a little bit of nuisance, a pain in the rear end jumping on him" while eating the never ending pizza next to Denise Kemal at the kitchen table.....
Where is the proof or evidence Danielle was home that night? Who checked for Danielle's presence before the next morning? Absolutely nobody and we know there were at least four other persons who were given the right to be in the house other than the family.....
Fact: almost one year after the disappearance of Danielle Van Dam, there is still absolutely no proof or evidence indicating who was or was not at the Van Dam's residence the night of February 1st 2002.
There is no evidence of anyone seeing or hearing Westerfield walking back home carrying Danielle (which was for him the only way to go back home) and, still, one year later, there is no evidence Westerfield ever entered the Van Dam's house.

Having been judged by the media, court of public opinion and probably to serve some local political interests, David Westerfield's sentence was pronounced the day he was arrested.
January 3rd 2003, the court confirmed David Westerfield's death sentence for the kidnapping and murder of Danielle Van Dam.
Now, David Westerfield has his chance to get another criminal defense lawyer which could imply for him to finally get a real criminal defense.
I noticed that after the sentencing Brenda Van Dam strongly suggested that other inmates should take care of Westerfield while he would be in the death row. She repeated this statement several times perhaps to make sure even deaf inmates would get the idea.
Back to the good old Western style. I am surprised she didn't come with a rope to hang Westerfield to the next tree.
Brenda Van Dam also announced she intended to press state legislators to enact what she called "Danielle's Law" in her daughter's memory. The law would make anyone who murders a child in the child's home automatically eligible for the death penalty.
If this law passes, how could it be related to Danielle's memory? The prosecution "proved beyond any reasonable doubt" to 12 jurors that Danielle was NOT killed at home. Otherwise what would be the explanation for the fingerprint, the one hair 8 inches long and a blood stain "found" in Westerfield's motor home?
Is there something Brenda Van Dam is about to reveal?

November 14th 2002 - Where was Danielle Van Dam killed? Are we going to finally find out the truth?
November 5th 2002
Judge Bonnie Dumanis won the DA election
Her opponent Paul Pfingst, who served two terms as DA, will be history on January 7th 2003. Since the result of the election, finally, people start talking. We might even end up with the truth in the Westerfield case !

September 16th 2002 - DAVID WESTERFIELD SENTENCED TO DEATH
Westerfield -- the new Stephanie Crowe?
WAS DAVID WESTERFIELD FRAMED?

August 23th 2002: We came across an article published on Etonline web site. The article is dated February 8th 2002 and mentions that there were 13 registered sex offenders living right in the neighborhood of the Van Dams when Danielle was abducted. How long did it take for the investigators to clear them all then end up with Westerfield being the "only possible suspect" ? (beyond a reasonable doubt...) (48 hours divided by 13 registered sex offenders + 2 parents + 4 sexpals = 2 and a half hours of thorough investigation per person.)Click here to read the article

August 21th 2002:
The jury has spoken and found David Westerfield guilty on all counts:
Murder, kidnapping and possession of child pornography.
This verdict is based on absolutely no evidence or proof Westerfield kidnapped Danielle; no evidence or proof Westerfield killed her. This verdict is based on a "fair trial" where one of the main identified witnesses, Barbara Easton, never testified.
Evidence in this case shows only two things: Danielle's evidence was found into Westerfield's RV and in his house. We all know Danielle visited Westerfield's house, 2 days before her disappeareance.
For the RV, I strongly suggest everybody to read the RV survey that can be found HERE.
The verdict means that Westerfield is going to be sentenced to life in prison or death... for possession of child pornography.

This "guilty on all counts" verdict doesn't change what I believe. In my mind and in the mind of MANY, David Westerfield is NOT GUILTY. A man can be convicted of murder without a single proof he committed the crime. Tomorrow a single phone call could send anyone to death row.
This is called JUSTICE?

Is there a person in America who will have the courage, the power and the honesty to look at the Westerfield's case?
We contacted people, but looking at Westerfield's case involves courage and obviously we contacted the wrong people.
I am asking every influential person in this country: what makes this case so poisonous that noone dares do anything about it? Where are all the influential people who, so often, talk about truth and justice?
It is time to show you know your subject.
August 20th 2002: I strongly suggest visiting a very good site: Stealth Ninja Dave Website.
August 6th 2002: President Bush commenting on the case while the trial is going on, before closing arguments. Will his comments influence the jury?
Please copy and paste the url below in your browser to read the comments:
http://www.whitehouse.gov/news/releases/2002/08/20020806-2.html
August 5th 2002:Please read the 4 pages article about SAN DIEGO UPCOMING ELECTION

Let me recall the events for those not familiar with the case:

San Diego California, February 1st 2002.

Danielle Van Dam is a lovely seven year old girl who lives with her family in the San Diego suburb of Sabre Springs, California. The parents are Damon and Brenda Van Dam, there are two other young boys, their sons, and a dog.

February 2nd 2002.

Around 9:30 am that morning, Brenda checks on Danielle and finds her daughter’s door open and an empty bed. Brenda and Damon begin to search for Danielle everywhere and finally, Brenda called 911.

Danielle Van Dam is gone, her naked, severely decomposed body will be found by a volunteer search team on February 27.

Meanwhile a neighbor, David Westerfield, has been questioned and is ultimately accused of the crime.

Media and trial reveal that Brenda and Damon Van Dam are swingers. The night of Danielle’s disappearance, Brenda Van Dam is at a local bar with her sexpals in search of partners to bring back home.

At trial, according to Damon, while his wife is gone, he plays videos games with his sons; what Danielle is doing during this time is unclear. Around 10 pm, he put the three kids to bed and goes to bed himself, watches TV.

The only official recollection of events is based on the declaration of Damon Van Dam, the single witness, who admitted on day 2 of the trial to having lied to police officers about what went on at the family’s home that night.

Criminal defense will show that Damon didn’t reveal to the police he had smoked marijuana, consumed alcohol and snuggled in bed with one of his wife’s sexpals, just a few hours before Danielle’s abduction; Damon didn’t consider those details relevant so he provided a expurgated version of the facts.

Trial will not show that Damon was even in the house after he put the children to bed. Both Brenda and Damon took and passed a lie detector test and despite their reluctance to relate details concerning the night of Danielle's disappearance, police exonerated them of all suspicion after only 48 hours of investigation.

2 - David Westerfield