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Van Dams Call Westerfield A Monster; Thank Jury

Parents Address Media At Danielle's Favorite Beach

POSTED: 7:51 am PDT September 17, 2002
UPDATED: 7:05 pm PDT September 17, 2002

The parents of Danielle van Dam Tuesday thanked the jury that found their neighbor, David Westerfield, guilty of kidnapping and killing the 7-year-old girl and said they hoped their "angel" would watch over the panel.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002

Speaking for the first time in several months, the van Dams said they were pleased with the guilty verdict and the jury's decision Monday to recommend that Westerfield be put to death.

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"We feel that the justice system revealed the truth and that Danielle's murderer has been held accountable. ... That was our hope, that Danielle's death would not go unanswered," Brenda van Dam said, reading from a statement.

"As far as the sentencing decision, we were prepared to accept either outcome because what mattered most was knowing that this monster could never again hurt another innocent child," she said.

A gag order issued by the court had barred the van Dams from speaking during the trial, which ended Monday with the jury's death-penalty recommendation. The couple spoke to reporters at a seaside park which had been one of Danielle's favorite places.

The van Dams thanked jurors for taking on "an incredibly difficult job."

"We will ask our angel Danielle to watch over you and your families," Brenda van Dam said. "We know she will take special care of you."

The family has organized a "Day For Danielle," to be held Sept. 22. To learn more, click here.

Westerfield will be formally sentenced on Nov. 22, when Superior Court Judge William Mudd will either accept the jury's recommendation for the death penalty or impose a sentence of life in prison without chance for parole.

Under California law, all death penalty cases are automatically appealed.

The penalty verdict came after an unusual series of notes from the jury, which first told Mudd they were deadlocked, then asked for more time to deliberate, and finally, told him they had reached a conclusion.

"I think the verdict speaks for itself," the jury foreman, identified only as Tony, told reporters afterward. "There were people on both sides ... but then after discussing it further we came to agreements.

Westerfield, 50, showed no emotion as the verdict was read. As jurors were polled on the decision, one of them, a San Diego County government employee, appeared to break down and had to leave the courtroom to compose herself.

Westerfield's mother shook and cried as one of her son's attorneys tried to console her. Brenda and Damon van Dam, sat at the rear of the court with their arms linked, and Brenda van Dam cried as the verdict was read.

Danielle was last seen Feb. 1 when her father put her to bed in her second-story bedroom, decorated in her favorite colors, pink and purple. Just days before she had sold Girl Scout cookies to Westerfield, who lived two doors down from her house in the upscale San Diego suburb of Sabre Springs.

Her nude body was found nearly a month later along a road outside the city, too decomposed to determine the cause of death or whether she had been sexually assaulted.

In the hours before the body was found, defense lawyers were brokering a plea bargain in which Westerfield would have avoided the death penalty in exchange for leading investigators to the girl's remains, The San Diego Union-Tribune reported Tuesday. Read the story.

Unidentified law enforcement sources told the newspaper that Westerfield would have pleaded guilty to murder and be sentenced to life in prison. One source said the deal was minutes away from completion when the lawyers learned Danielle's body had been located and they dropped negotiations.

Prosecution and defense lawyers did not immediately return calls seeking confirmation of the report Tuesday.

The van Dams said they had not been aware of any such deal and could not say whether the report was true.

Westerfield was convicted Aug. 21 of kidnapping, murder and possession of child pornography.

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The jury foreman (pictured, left) said blood and other physical evidence linking Westerfield to Danielle led him to believe Westerfield was guilty, adding he was not swayed by the character testimony from the defendant's son and daughter. Read the story.

Both he and another juror, identified only as Jeffrey, said Danielle's blood on the defendant's jacket was probably the most compelling evidence in the two-month trial.

Prosecutor Jeff Dusek said he was glad the trial was done. "There's certainly no excitement, no joy, no glee, none of those words would be appropriate for reaching this type of verdict."

Defense attorney Steven Feldman, who criticized the death penalty in a brief statement to reporters, declined to take questions.

"We're all very disappointed in the verdict, of course, but we respect the decision of the jury," he said.


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