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American Morning

Klaas President Discusses Trial of Van Dam Murder Suspect

Aired May 20, 2002 - 09:20   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.
PAULA ZAHN, CNN ANCHOR: In San Diego this morning, jury selection continues in the trial of David Westerfield. He is charged with the February kidnapping and murder of his 7-year-old neighbor, Danielle van Dam. The judge ruled last week that prosecutors can use child pornography seized at Westerfield's home as evidence. But, he is also allowing limited testimony about the lifestyle of Danielle's parents, Brenda and Damon van Dam. If convicted, Westerfield could face the death penalty.

And according to the most recent FBI statistics, as many as 90 percent of those reported missing in the year 2000 were under the age of 18. Joining us now from San Francisco is Marc Klaas, whose own daughter, Polly, was kidnapped and murdered almost a decade ago. He is now president of the Klaas Kids Foundation -- welcome back. Good to see you again, Marc.

ZAHN: Hi, Paula.

ZAHN: I know you've been in touch with the van Dam family as they get ready to endure this trial. What are their emotions when they hear the judge will allow limited testimony about their lifestyle and then also the news that the judge will allow the jury to see this child pornography seized at Mr. Westerfield's home?

MARC KLAAS, PRESIDENT, KLAAS KIDS FOUNDATION: Well I think that it's pretty -- it's very limited the information that's going to be allowed regarding lifestyle stuff. And, you know, the police discounted that a long, long time ago. So really that's just a red herring for the defense to take attention away from the fact that there's a mountain of evidence pointing directly to Mr. Westerfield.

ZAHN: How concerned, though, are the van Dams that the defense will sort of turn the spotlight back on them, and what the defense -- I mean it's pretty predictable what the defense will say, right?

KLAAS: Sure.

ZAHN: That they were irresponsible parents in some way.

KLAAS: But they weren't irresponsible parents, I don't believe at all. I believe that Damon and Brenda have endured the worst possible thing that a parent can endure. And they understand that there's going to be some scrutiny on them. But on the other hand, they know that this is something that has to be endured, because they have to get to the end of this line and they have to get this guy behind bars where he can never hurt anybody again.

This is terrible, terrible individual. And it's important that they sit through this. That they remind the jury on a regular basis that there was a viable little girl that was murdered by a terrible, terrible individual.

ZAHN: How much do you think the prosecution's case will be buttressed now by the fact that the jury will see some of this pornography seized at Mr. Westerfield's home?

KLAAS: Well you know what, it certainly points to a state of mind and it points to certain preferences this individual has. And I think that with that and the DNA -- and none of these things lie. It's certainly open to interpretation. But it's certainly going to make it very -- it's going to really paint a very clear picture of what they're dealing with and who they're dealing with here.

ZAHN: And yet another story that is unfortunately confronting too many American parents. Another child in San Diego. We're going to show some pictures now where little Jahi Turner was reported missing by his stepfather on April 25. His father said he disappeared from this park after the stepfather left him with an unknown woman. Now police and volunteers have searched for this little guy. They have come up empty-handed so far. What do you think the chances are of finding this little boy in San Diego?

KLAAS: I suspect that the chances of locating him are not -- I think there's a good chance that they'll locate him. I don't know that this little boy is alive. I think there's so many holes in this stepfather's story. And I understand that he's not done well on the polygraph exams. I have a very, very bad feeling about this one. I always like to be optimistic, but this one just seems -- this just has tragedy written all over it.

ZAHN: It's also sparked some controversy about the level of attention the police have paid to this case. And you have some African-American leaders in San Diego saying it hasn't gotten the attention that Danielle van Dam's case got. She after all is a little while girl.

KLAAS: Well, you know, it's a very different kind of situation. In Danielle's case, there was an awful lot of -- first of all, there were roots in the community. The parents had been in the community for a long time. They had fabulous support. Their friends and neighbors were very to do and very goal-oriented people and they were able to do an awful lot for them very, very quickly and draw a lot of attention to them.

It's not quite the same situation. In the van Dam's case, they were able to get through the polygraphs, they were able to get past themselves. This hasn't happened in this case. I think it's doing a disservice to this little boy and it's doing a disservice to all children to raise the race card on this, because that's not what this is about at all. We're dealing with somebody who is not being truthful, and certainly they are looking for that little boy. A lot of the people involved in Danielle's case are involved in this. And I know that I've spoken to the search leader. I've spoken to Jahi's mother. And they just want people to come out and help. I think that whoever is raising this racial issue is certainly not terribly close. There have been a lot of problems with this case that didn't really raise themselves in Danielle's case. Plus there was a very obvious suspect in her case, and they're not quite ready to point the finger that others seem to be pointing.

ZAHN: All right. Coming back in closing to the van Dam case for just a moment, do you think David Westerfield will be convicted ultimately?

KLAAS: Yes, I think he will be convicted. You know, DNA doesn't lie. They can probably make some cases to how the DNA got there, but there's a lot of evidence against this guy: his behavior that week, his total lack of conscious over this thing. And I'm glad there's going for the death penalty. To give this guy anything less than the ultimate penalty I think would be doing a disservice to this little girl's memory, and I'm really glad to see that this is happening quickly. And hopefully they will be able to get through this and be able to somehow put their lives together.

ZAHN: David Westerfield's team of course continuing to deny he had anything to do with the murder.

KLAAS: Well, sure, of course.

ZAHN: We will be following that trial very closely. Marc Klaas, good to see you again. Thanks for dropping by AMERICAN MORNING at this early hour of the morning out there on the West Coast.

KLAAS: It's my pleasure, Paula.

ZAHN: Take care.

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