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CNN Live At Daybreak

Westerfield Pleads Not Guilty to Murder, Kidnap of Danielle Van Dam

Aired February 27, 2002 - 05:16   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: In San Diego, the neighbor of that missing 7-year-old says he's innocent of the kidnapping and murder charges against him.

Reporter Paul Bloom of CNN affiliate KUSI has reaction to the plea and the search for the girl's body.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Be seated please. Come to order. Department 11 of the Superior Court is now in session.

PAUL BLOOM, KUSI CORRESPONDENT (voice-over): The courtroom was packed with observers, and extra deputies were on hand as David Westerfield was ushered in. In the second row of seats, Brenda Van Dam wept uncontrollably as the arraignment hearing began. Her husband Damon tried to comfort her as he listened to the proceedings.

Twenty-five days had passed since Damon tucked their 7-year-old daughter into bed, and now the couple would hear their neighbor stand accused of kidnapping her and murdering her.

STEVEN FELDMAN: Mr. Westerfield would enter pleas of not guilty as to all counts, deny all special allegations and request a setting in due course.

UNIDENTIFIED MALE: All right. How do you plea to the charges in the complaint, guilty or not guilty?

DAVID WESTERFIELD: Not guilty.

UNIDENTIFIED MALE: And you deny the allegations?

WESTERFIELD: Yes, sir.

BLOOM: That was the formal arraignment. The judge set March 11 for a preliminary hearing. Then Westerfield's attorney asked the judge to prohibit any public statements about the case.

FELDMAN: It's the defense's request that the court issue a gag order because this is a case that obviously is one of considerable public interest that has already resulted in substantial publicity. And we make that request because of our concern under the sixth amendment that our client be entitled to a fair trial in the courtroom and not in the media. Already we have seen misleading and false information disseminated.

BLOOM: Judge Peter Deddeh denied the request for a gag order. Westerfield is being held without bail and his attorney didn't try to challenge that, for now. If he had, then prosecutors could have offered actual evidence in open court to show that Westerfield might be dangerous if released on bail. That would have been just the kind of publicity Feldman is trying to avoid.

The entire hearing took 11 minutes, just the beginning of what may be a long, contentious legal battle over who killed Danielle Van Dam.

(END VIDEOTAPE)

COSTELLO: Prosecutors do say they found traces of the girl's blood in the neighbor's motor home and on an article of his clothing.

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