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I'm Bill O'Reilly. Thanks for watching us tonight. Something has to be done about the lawyers for convicted killer, David Westerfield. That is the subject of this evening's "Talking Points" memo.
Last night [May 8] on The Factor, former San Diego district attorney, Paul Pfingst, the man who prosecuted David Westerfield, confirmed that Westerfield's lawyers, Steven Feldman and Robert Boyce, did offer to lead authorities to the body of seven-year-old Danielle van Dam in return for the state not seeking the death penalty for their client.
Pfingst also said that the California Bar did not talk to him about the conduct of Feldman and Boyce after we had filed an ethics complaint against the attorneys.
As we told you, the Bar wrote us a letter saying it would take no action against the lawyers because the judge and the prosecutors had no problem with their conduct. Obviously that's not true. As Mr. Pfingst stated, he was very concerned that the lawyers had knowingly presented false evidence in the class -- in the courtroom, I should say, a clear violation of Rule 5200 of the rules of professional conduct for California attorneys.
So, it looks like what we have here are two things, an egregious violation by Feldman and Boyce and a cover-up by the California Bar Association. The head of that association is a man named James Herman. So far, far he has not respond to do our questions.
We have also contacted California Attorney General, Bill Lockyer, and his office says he is reviewing the matter. If Herman and Lockyer fail to act in this case, we'll let you know.
Here is why this is important to you. An innocent seven-year-old girl was brutally raped in a suburban neighborhood this. This could have been my daughter, could have been your daughter. The lawyers for that man who killed her apparently knew what their client did by the fact they offered to lead police to the body.
After the police found Danielle's body on their own and the deal went off the table, those same lawyers went back into the courtroom and savaged the little girl's parents, pointed fingers at other people for the murder, and produced witnesses that said the body could have been moved by the police when it was not.
If the jury had bought the defense, and one of the jurors told us they took it seriously, then Westerfield would have been let loose to kill again. It is almost inconceivable that American lawyers could do this, but what's even worse is that the state of California will not take any action against those men.
Most of us know that our system of justice in the USA has collapsed, and the truth means nothing inside the courtroom. Perjury is an everyday occurrence. It is rarely prosecuted, and the defense lawyers are running crazy, and sometimes the prosecutors as well.
Is this the kind of country we want? What say you, California?
And that's The Memo.
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