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Clarence Darrow
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Unposted.com: The trial of David Westerfield
| 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 |
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
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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)
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PLEA BARGAIN MY POINT OF VIEW |
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NEWS |
TRIAL EVIDENCE
Neal Westerfield
Molestation in the family
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.
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Computer and porn
Police started looking at Westerfield as the prime suspect based solely on Brenda Van Dam's declarations.
This is the reason why, on February 4th 2002, Westerfield becomes the only suspect.
Danielle Van Dam is reported missing on February 2nd 2002, Westerfield came back home on February 4th 2002 and became suspect the same exact day.
The warrant police obtained to search Westerfield's computers, Zip, CD, e-mails and any data storage is dated February 5th 2002 but actually, police arrived to Westerfield's house a little after midnight the night of February 4th 2002 to February 5th. When exactly did they got the warrant?
Extract from the warrant: "Proof by affidavit having this day made before me by Georges R. Alldrege, a peace officer employed by the San Diego police departement that there is substantial cause for the issuance of the search warrant pursuant to Penal Code Section 1524"...
My question: What is the substantial cause? Three days after Danielle's disappearance, few hours after Westerfield is back home, with 13 registered sex offenders living in the very next neighborhood, how does the police officer know that they will find pornography on Westerfield's computer ? What was the basis for the search warrant to be delivered?
My answer: Westerfield became suspect because Brenda Van Dam declared that "the only persons who are aware of the dance are the immediate family members and one neighbor next door, not Westerfield"... That's the substantial cause for a search warrant but, who suggested to police Westerfield could have pornography on his computer, zip disk and CD?
Watkins, the expert, testified under oath and related the computer operation in details. In his testimony there is no mention of a zip drive or a CD burner on any of Westerfield's computers.
How did Westerfield create the zip disks and CDs
where police said the porn was stored?
Whoever distributes pedophile material doesn't advertise in newspapers or on search engines. Anyone downloading binary files from newsgroups can end up with child porn without having any knowledge of it.
I wish Westerfield's attorney had brought a computer expert who has made tests with a software which is used to download pictures from binary newsgroups.*
Trial testimonies will show that 8,000 to 10,000 nude photographs and several hundred digital videos were on Westerfield's home computers and disks. The vast majority of those images depicted adult women. 85 images were questionable as whether the girls depicted were under the age of 18. An expert testified that some of the photos could have been of adult females who look younger than their ages.
In reality, among the 8,000 to 10,000 photographs and several hundreds of videos, very few were porn child images and video-clips and the most recent file was three years old.
Extract from the pornography motion: "Pornographic images created up to three years ago have slight if any probative value on proving a motive on the part of Westerfield to kidnap/or to murder Danielle Van Dam".
What was found proves Westerfield has porn, preferably young women. It proves he has these items stored on his computer, classified on zip or CD and among them, a very small amount of child porn.
It doesn't prove Westerfield knew he had porn child. It is completely possible Westerfield downloaded porn photos and videos from newsgroups then stored everything, without having knowledge of a small amount of child pornography among other porn items.
I think that if Westerfield could be a pedophile he would have had much more child porn or... none. If he had kidnapped Danielle he would also have destroyed zip, files and CD !
I don't recall any testimony regarding where the porn material came from.