Holding David Westerfield's Attorneys Accountable

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Hi, I'm Bill O'Reilly. Thank you for watching us tonight.

Holding David Westerfield's attorneys accountable, that is the subject of this evening's "Talking Points" memo.

If you missed last night's shootout over the behavior of Steven Feldman and Robert Boyce, lawyers for Westerfield, it is posted on our Web site, and it is worth watching. More than 8,000 of you e-mailed me about the situation, and hundreds more called The Radio Factor.

In a nutshell, The San Diego Union Tribune is reporting that Feldman and Boyce tried to broker a plea bargain for Westerfield before the trial began. They told authorities Westerfield would lead them to the body of 7-year-old Danielle Van Dam. In return, the state would agree not to execute him.

But authorities found Danielle's body on their own, and the deal crashed. However, that didn't stop the lawyers from going into the courtroom and concocting scenarios about Danielle's death they knew not to be true.

In the process, they smeared the Van Dam family and even Westerfield's own son. We demonstrated that it is against California's legal code for a lawyer to fabricate stories in court.  The code is quite clear on that.

And now The Factor is going to file an ethics complaint against Feldman and Boyce and challenge the state of California to deal with this egregious situation.

We have also made every attempt to get Feldman and Boyce to put forth their side of it. Producer Stacey Hocheiser and a Factor crew even went to them.

(BEGIN VIDEO CLIP)

STACEY HOCHEISER, PRODUCER, O'REILLY FACTOR: Steven, what about the plea agreement?  Is there any truth in that at all?

ROBERT BOYCE, DAVID WESTERFIELD'S ATTORNEY: (UNINTELLIGIBLE), give them a rest.

HOCHEISER: Can we just ask you one question about this plea agreement?

BOYCE: Aren't you (UNINTELLIGIBLE)? I mean, can you imagine Walter Cronkite...

HOCHEISER: We're just -- we're, we're just...

BOYCE: ... going to people's houses and photographing them in their underwear?

HOCHEISER: We're just trying to find out if there's truth in this, in this plea agreement. There are a lot of people who are saying the jury has been misled.

BOYCE: Can you imagine Walter Cronkite doing this? This isn't news, it's entertainment.

HOCHEISER: But there's a -- there's news of a plea agreement out there and we're trying to find out if there's any truth to it.

BOYCE: Aren't you embarrassed (UNINTELLIGIBLE)?

HOCHEISER: Mr. Boyce, some people would say you should be embarrassed regarding this case. People think that you deliberately lied to the jury.

BOYCE: Aren't you embarrassed?

HOCHEISER: People are saying that the jury has been misled.

BOYCE: I would be very embarrassed if I were you.

HOCHEISER: Is there any truth in the reports from The San Diego Union Tribune about a plea agreement?

Do you feel in any way you misled the jury?

BOYCE: Read Walter Cronkite.

(END VIDEO CLIP)

O'REILLY: Well, there you go. Obviously those guys don't want to answer any questions. They haven't talked to any media.

The end game here is this, would Feldman and Boyce have allowed Westerfield to walk out of the courtroom a free man if he had been acquitted? Remember, these guys knew he killed Danielle and were willing to lead authorities to her body, according to the Trib.

So forget all the smears they made up. Forget about the fact they consciously misled the jury. Would these two men have allowed Westerfield to walk free, knowing he was a child killer?

The Most Ridiculous Item of the Day

Time now for "The Most Ridiculous Item of the Day."

In every war, there are dissenters, even in the war on terror, and so, today, Secretary of Defense Donald Rumsfeld ran into some hecklers.

(BEGIN VIDEO CLIP)

PROTESTER: Yes, Mr. Rumsfeld. I think we need weapons inspections, not war. You're obstructing the inspections. Isn't this really about oil?

UNIDENTIFIED MALE: Mr...

PROTESTER: How many civilians will be killed? How many...

UNIDENTIFIED MALE: Mr. Secretary, would you suspend for a minute and...

PROTESTER: Isn't this really about oil? Why is...

UNIDENTIFIED MALE: If we could ask the staff to see to it that our guests are escorted...

PROTESTERS: Inspections. Not war. Inspections. Not war.

(END VIDEO CLIP)

O'REILLY: Ridiculous? All yours. You make the call, and I believe I know the call you made.

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