Westerfield Pretrial Motions To Remain Sealed

SAN DIEGO -- Pretrial motions dealing with David Westerfield's statements to police and "lifestyle" issues involving Danielle van Dam's parents will remain sealed until further notice, a judge has ruled.

Superior Court Judge William Mudd also ruled that autopsy photos of the victim and photographs of the bedroom where the 7-year-old Sabre Springs girl was abducted will remain sealed until he has a chance to hear arguments on their admissibility at trial.

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The judge did rule, however, that a number of motions -- including a prosecution request to allow a jury to view Westerfield's motor home and a motion to sequester the panel -- will be made public Monday.

Westerfield, 50, is charged with murder, kidnapping, possession of child pornography and a special circumstance allegation of murder during a kidnapping in connection with Danielle van Dam's death.

Deputy District Attorney Jeff Dusek announced last week that his office will ask a jury to recommend the death penalty if Westerfield is convicted.

Mudd said his decision to keep some documents and attachments sealed weighed heavily in favor of Westerfield's right to a fair trial as well as "the people's right to a fair hearing."

The judge said the release of motions pertaining to "lifestyle issues" involving the victim's parents would "excessively invade the privacy of Mr. and Mrs. van Dam. They will remain under seal."

Mudd also refused to release prosecution documents stating aggravating factors on why they are seeking Westerfield's execution.

The judge said the motions raise post-convictions issues.

"It has nothing to do with the guilt phase of the trial," Mudd said.

The judge said some of the hearings scheduled to begin Tuesday will be off-limits to the public because of their nature. Mudd said he will rule on that issue on a motion-by-motion basis.

Brenda and Damon van Dam discovered that their daughter was missing from her bed the morning of Feb. 2. Volunteer searchers in the East County found the 7-year-old's body on Feb. 27, along a road in Dehesa.

Westerfield, who lived two doors down from the van Dams in Sabre Springs, was questioned almost immediately about the girl's disappearance. Police kept the self-employed design engineer under surveillance and arrested him Feb. 22.

Affidavits police prepared in support of requests for warrants to search Westerfield's home and recreational vehicle also remain sealed.

Last week, Mudd ordered prosecutors to let Westerfield's attorneys and their expert to view "questionable" material lifted from the defendant's home computer.

Some of the material allegedly depicts naked girls, some engaged in sexual acts with humans and animals.

No TV coverage will be allowed of the pretrial hearings, which could take up to two weeks.

Court TV is expected to provide live coverage of Westerfield's trial, slated to begin May 17.