The man charged with murdering 7-year-old Danielle van Dam pleaded not guilty yesterday at a hearing that was nearly dwarfed by the intensity of the media covering it.
David Westerfield of Sabre Springs, the missing girl's neighbor, stood behind a glass partition and used few words to answer the charges as his attorney began what promises to be battle after battle for his client's right to a fair trial.
Defense attorney Steven Feldman later lashed out at the media, urging the press to exercise restraint in a case in which the huge public interest has created a crush of news coverage.
The stakes are high. Westerfield, who prosecutors say is the only suspect in Danielle's disappearance, could face the death penalty if convicted of kidnapping and murder charges.
While Feldman tried to stifle speculation in the case, law enforcement officials continued to confirm details uncovered by the media.
A high-ranking official said yesterday that investigators believe Westerfield, 50, a self-employed engineer who lives two houses from the van Dams, kidnapped Danielle three weeks ago for sexual purposes. Prosecutors yesterday added a charge of possessing pornography that depicts minors engaged in sexual conduct, a misdemeanor.
Not much evidence has been made public in the case, and no new details emerged during the brief arraignment in San Diego Superior Court. Feldman told Judge Peter Deddeh he has not seen most of the evidence so far and later scolded the media for reporting false information. He did not cite examples.
"Please, respect the Constitution," Feldman said into a collection of microphones at a news conference. "Stop guessing about what the facts are. Let the case be tried in the courtroom, not on the streets of San Diego."
He did not take questions.
Since Danielle was reported missing Feb. 2, dozens of news outlets from around the nation have engaged in an obsessive search for information about the case. The friction between the news media and Westerfield's attorney is likely to increase in the days to come.
Today, The San Diego Union-Tribune will ask a judge to unseal information about several police searches conducted on Westerfield's home, vehicles and other property. Police are required to present evidence justifying the searches in such documents.
Feldman is expected to oppose the media's request.
Other battles expected in this era of 24-hour news reports are likely to be over issues ranging from cameras inside the courtroom to media access to various court documents outlining details about the case.
During yesterday's arraignment, Westerfield – dressed in a shirt and tie – pleaded not guilty to the charges, including one that gives prosecutors the option of seeking the death penalty. That decision will not be made for several months.
Other than conferring quietly with his lawyer, Westerfield said nothing except, "Not guilty" and "Yes, sir" in response to questions from Deddeh.
Danielle's parents, who attended the arraignment, were crying before Westerfield appeared, and when Westerfield walked into the courtroom, Danielle's mother let out an audible sob.
Deddeh scheduled a March 11 preliminary hearing at which prosecutors will present their evidence.
Gag order rejected
Perhaps the most significant event at the hearing was the refusal of Westerfield's attorney to try to get Deddeh to set bail for Westerfield.
By not addressing the issue of bail, Feldman precluded prosecutors from discussing the evidence in open court.
A bail hearing gives prosecutors leeway to outline their case to show they have strong enough cause for high bail or no bail. Westerfield is being held without bail in the county jail.
Yesterday, Feldman also tried to have Deddeh impose a gag order on all the lawyers, investigators and potential witnesses. Deddeh denied the request, but left Feldman with the option of renewing it.
Prosecutor Jeff Dusek told reporters after the hearing that he would not discuss the evidence or possible motive. So far, authorities have said only that Danielle's blood – identified through DNA tests – was found inside Westerfield's motor home and on an item of his clothing.
The absence of a bail hearing yesterday meant "no opportunity on my part to go into the crime or the evidence, and I certainly can't do it out here," Dusek said.
The constant media attention ensures a continuing clash between Westerfield's attorney and the media. There was speculation yesterday that Feldman's harsh words might mean he eventually will ask a judge to move the case out of the county.
Several experts on the issue said it is too soon to tell whether such a motion would succeed.
John Cotsirilos, a San Diego defense lawyer who had two cases moved out of the county in the 1980s, said cases must meet certain standards for a change of venue.
"You need to see if the publicity continues at the same level up until you reach the trial," Cotsirilos said.
Kelli Sager, a First Amendment lawyer in Los Angeles, said judges often consider a change of venue before more severe measures, such as gag orders that restrict witnesses and attorneys from talking about the case.
"Moving the trial is really seen as one of the least restrictive alternatives," Sager said.
Sager said from the coverage she has seen in Los Angeles, this case does not seem like a good candidate for a venue change.
"They have to decide the defendant can't get a fair trial," she said, noting that most of the coverage has focused on finding Danielle. "It's hard for me to imagine they couldn't find a fair jury from San Diego County for this case."
Parents' anguish
At a news conference in front of their house two hours after the arraignment, Danielle's parents – Brenda, a stay-at-home mom, and Damon, an engineer – said sitting through the hearing was extremely tough.
"There are no words to express the anguish we feel as Danielle's parents and greatest admirers," Brenda van Dam said. "But today was an important step forward in hopefully finding our daughter and making sure that this doesn't happen to any other innocent child."
The couple also have two sons. They have described Westerfield – who is twice divorced and has two grown children from his second marriage – as a neighborhood acquaintance.
Westerfield was a 1970 graduate of Madison High School in Clairemont, which he attended his junior and senior years. The information included with his yearbook picture says he was a class representative both years and that he planned to attend "state" to study design engineering. He lists memorable moments as junior prom and the summer of 1969.
San Diego State University officials said they could not find any records of Westerfield.
Brenda van Dam yesterday also expressed gratitude to the thousands of volunteers who have looked for Danielle. She said she and her husband miss Danielle terribly and the pain of her absence has become unbearable.
"This makes finding Danielle the single most important priority for us, her parents, but also for our community," she said. "We ask that you adopt Danielle as one of your own, and step forward to volunteer this weekend to help search for her."
Brenda van Dam said volunteers are working to mass the most aggressive search yet this weekend for Danielle.
Alex Roth: (619) 542-4558; alex.roth@uniontrib.com
