David Westerfield - Conclusion

Conclusion

In January 2003, a California judge sentenced David Westerfield to be executed. He was transported to San Quentin State Prison. He is currently enrolled in the Handicraft program at San Quentin State Prison. The Van Dams sued Westerfield, but the case was settled out of court. The Van Dams were awarded $416,000 from several insurance companies who insured Westerfield's home, SUV, and motor home. The settlement also prevented Westerfield from ever profiting from his crime.

When the trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away from negotiating a plea bargain when a private citizen's group, started by the Laura Recovery Center and concerned local citizens, found Danielle's body. According to these reports, under the deal, Westerfield would have taken police to the site where she was located in exchange for life without parole. Both the prosecution and the defense declined to comment on these reports.

During the penalty phase of the trial, Westerfield's 19-year-old niece testified that, when she was 7-years-old, her uncle entered his daughter's bedroom, where the niece was spending the night with her parents while attending a party, to check on the kids, and woke up finding him rubbing her teeth, and said she bit his finger as hard as she could. She went downstairs to tell her mother. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he was trying to comfort her. The incident was then forgotten.

In the months following the end of the trial audio tapes of Westerfield being interviewed were released to the media. In one police interview he tells investigators that he doesn't feel emotionally stable. He is told that he failed a polygraph test. Westerfield tells him that he wants a retest and that he was not involved in Danielle's disappearance.

In the interrogation video tape made at the time of his first interview (02-05-2002), near the end of the interview Westerfield, who is given a momentary pause in the interview while one of the two officers leaves the room, puts his head down on the table. At 18:51:40 (timecode on the video tape) the remaining officer asks him, "Want to be left alone?" to which Westerfield replies, "No, it's okay." He then lifts his head and looks directly at the officer, pats the table beside him with his left hand and says, "If you wanted to leave your gun here for a few minutes, I'd appreciate it" in a seemingly sincere request to commit suicide if only given the opportunity. When the officer decries the choice as "silly", Westerfield makes a brief comment and then lays his head back down on the table.

An animal forensic show from US TV network Animal Planet, is based on the belief that hairs consistent with Danielle’s dog, a Weimaraner, which were found in Westerfield’s laundry, and in his RV, and on his comforter at the dry-cleaners, first got onto her pajamas when she cuddled with the dog, and then were carried on the pajamas to his house and RV. The show states that the evidence presented by the dog had a monumental impact, and the dog was critical in identifying the person who abducted and killed Danielle.

The following years after the murder have led to higher states of awareness in San Diego's neighborhoods as well as the institution of funds and benefits made in her honor. The local elementary school that Danielle attended set up a portion of the park/open public area to be dedicated to the child. Her family still lives in Southern California and are active speakers for stricter guidelines for sexual predators and early warning signs.