San Diego Criminal Defense Lawyer Blog

San Diego man convicted of kidnapping and killing a 7 year old girl is appealing his death penalty sentence.

David Westerfield was convicted in 2002 for kidnapping and killing Danielle Van Dam, his 7 year-old neighbor. An appeal has been filed for Westerfield’s death penalty conviction by his attorneys. There is a 450 page legal brief that has been filed with the California Supreme Court. During Westerfield’s trial, media coverage was broadcast all over the world to let millions watch court proceedings live. Westerfield’s San Diego Criminal lawyers argue that the jury was “under siege” because the media was misleading viewers and giving them a “lynch mob mentality”.

A professor at the Thomas Jefferson School of Law, David Steinberg, reviewed the brief saying “this trial was conducted under a microscope”. Steinberg does not believe that argument is not a convincing one. The law professor also states that “trial publicity is not your best argument for reversing a conviction. Your best bet typically is that there’s some evidence introduced that should not have been”. It is being argued by Westerfield’s attorneys that search warrants were illegally obtained, and that judge William Mudd was showing unfair treatment by not sequestering the jury, not ruling out child pornography charges in a capital murder case, not granting motions for a mistrial and keeping some jurors against protests by the defense team.

There were 28 reasons listed for reversal in the appeal along with the argument that the California death penalty is unconstitutional. Steinberg does not think there is a good likelihood that Westerfield’s appeal will be successful. In Steinberg’s opinion he said he “would be very surprised if there is a reversal…either of his guilt or on the death penalty”.

10News Gets First Look At Westerfield Death Penalty Appeal, 10news.com, Feb. 11, 2012

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San Diego woman has been convicted for second-degree murder for stabbing her husband who was a Navy doctor.

43 year-old Jennifer Trayers was found guilty by a seven-woman, five-man jury for killing her husband who was a Naval Doctor. It took the jury three hours to finally reach a verdict. On December 4, 2010 Trayers stabbed her husband Dr. Frederick Trayers. It was reported that this occurred three months after she had learned he was having an affair with another woman. Trayers’ San Diego Criminal Defense Attorney had advocated for voluntary manslaughter. Trayers is to be sentenced on March 9 by Judge Joan Webber. She is facing up to 16 years to life behind bars.

Fiona Khalil, Deputy District Attorney, was satisfied with the verdict saying “I think it reflects the culpability. I feel that we gave the jury everything that we could possibly give them”. The second-degree murder charge means that the killing was not premeditated but was intentional. Trayers’ criminal defense lawyer Kerry Armstrong said “obviously, second-degree is better than first-degree, but it’s still very disappointing, when you put your heart and soul into a case for 12 months—14 months—and she’s not going home in a couple years like I’d hoped”. Armstrong also reported that “she feels absolutely horrible about what happened to her husband. I know this sounds strange to say, but she still loves him, she really does”.

Khalil said in her closing argument that Trayers presented a “false concoction” when she testified about how she killed her husband. Trayers claims that she was frustrated that her husband refused to talk with her about his affair so she took a butcher knife and asked him how she should kill herself. She then told the jury that they started struggling over the knife until she stabbed him in the neck. After that she allegedly blacked out and didn’t remember stabbing him 10 more times. However Khalil said evidence shows that the victim took sleeping pills and was attacked by the defendant after he took them.

Woman Found Guilty In Death Of Navy Husband, 10news.com, February 8, 2012

Jury reaches verdict in love triangle murder case, fox5sandiego.com, February 8, 2012

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