Bill Spurred by Van Dam Case Would Expand the Definition of Kidnapping

The murder trial of David Westerfield, who faces death for killing his 7-year-old San Diego neighbor, inspired legislation Thursday to expand the definition of kidnapping.

Assemblywoman Sarah Reyes (D-Fresno) introduced a bill to redefine the crime to include moving a child’s corpse. Her proposed law could make it more likely that child killers would face execution, because murder in connection with kidnapping is a “special circumstance” crime, which means the death penalty may be applied.

Reyes wrote the bill in response to an unsuccessful argument made by Westerfield’s defense attorney at trial last year. Attempting to save his client’s life, Steven Feldman told jurors that Westerfield may have killed Danielle van Dam in her bedroom, and therefore did not kidnap her. California law implies that for a kidnapping to occur, the victim must be alive.

“It was revolting to me to even hear that argument,” said Danielle’s mother, Brenda, “because we believe a child’s home is a special place where a child should feel protected and the law should recognize that.”

Van Dam spoke at a Capitol news conference in support of “Danielle’s Law,” saying, “I just wanted some way to honor my daughter.”

Westerfield, 50, was convicted in August of taking Danielle from her bedroom in the upscale Sabre Springs neighborhood. The girl’s naked, severely decomposed body was found 45 miles away four weeks later. In Westerfield’s recreational vehicle, police found her blood and hair.

Convicted of murder and kidnapping in August, Westerfield was sentenced to death by San Diego County Superior Court Judge William Mudd on Jan. 4.

Reyes’ bill would change California’s kidnapping law to state that anyone who murders a child under the age of 14 and carries the child’s body into another country, state, county or part of the same county is guilty of kidnapping.

“What most disturbed me was when I learned that if the defense attorney had proved that Danielle had been killed in her bedroom,” said Reyes, “it would mean that Mr. Westerfield was innocent of the kidnapping charge that made him eligible for the death penalty. There will no longer be a loophole for those people who commit these unthinkable acts.”