David Westerfield - The Trial

The Trial

Westerfield pleaded not guilty, and went on trial on June 4, 2002. During the trial, Westerfield's lawyers, Steven Feldman and Robert Boyce, suggested that child pornography found on Westerfield's computer was downloaded by Westerfield's son, Neal, who was 18 at the time of the murder. Neal denied this. Part of Westerfield's defense focused on the lifestyle of Danielle Van Dam's parents. The defense suggested that the couple were known to have an open marriage, were "swingers," and smoked marijuana in their garage regularly. Westerfield's defense claimed that this lifestyle might have brought the kidnapper to their home. It was thought that the Van Dam's did not lock their side garage door, to air out marijuana smoke, and this is how the kidnapper entered the home while Damon slept. Westerfield's lawyers also charged that he was unfairly interrogated for more than nine hours by detectives who ignored his repeated requests to call a lawyer, take a shower, eat, and sleep.

The trial lasted two months and concluded on August 8. On August 21, the jury found him guilty of kidnapping and first degree murder. He also received an additional misdemeanor charge for possessing sexual images of subjects under the age of 18 on his computer. Outrage ensued after the trial when evidence of prior plea talks (see below) surfaced in the media. Many people were concerned that Westerfield's attorneys misled the jury by fabricating the "unknown kidnapper scenario" when they clearly knew their client was involved in the crime because he knew the location of the body.