A woman who lived close to seven-year-old Danielle van Dam when she was kidnapped and murdered has condemned California Governor Gavin Newsom for commuting the death sentence of the man convicted of killing her.
Christina Buttons, who was 13 when Danielle disappeared in 2002, said the governor’s decision had reignited painful memories of the crime and destroyed her longstanding hope that the convicted killer, David Westerfield, would eventually be executed.
Newsom announced on November 5, 2026, that he had used his constitutional clemency powers to commute the death sentences of all 548 prisoners on California’s death row.
Their punishments have been changed to life imprisonment without the possibility of parole.
The decision included Westerfield, who was convicted of kidnapping and murdering Danielle.
Newsom Defends Decision to Commute Death Sentences
In a letter explaining his decision, Newsom argued that the state could not carry out executions while remaining committed to justice and human decency.
“I know we cannot execute people in our imperfect legal system and remain true to our core values, first among them justice and human decency,” he wrote.
However, Buttons strongly criticised the governor in a social media post, recalling the 24 years she had spent waiting for Westerfield to face the death penalty.
“I have been waiting 24 years for my neighbor David Westerfield to be executed for the kidnapping and murder of my 7-year-old neighbor, Danielle van Dam,” she wrote.
“And now thanks to @GavinNewsom, it looks like it will never happen.”
Buttons also described the lasting psychological damage caused by Danielle’s disappearance and murder, saying the events had profoundly affected her childhood and mental health.
Danielle Van Dam Disappeared From Her Bedroom
Danielle was last seen on February 1, 2002, after her father put her to bed at the family’s home in Sabre Springs, an upper-middle-class neighbourhood in San Diego.
Her disappearance triggered an extensive search involving thousands of volunteers as investigators worked to establish what had happened to the child.
Westerfield, then 50, lived just two doors away from the van Dam family.
He had reportedly bought Girl Scout cookies from Danielle days before she disappeared.
He became an early suspect after investigators learned that he had been at the same bar as Danielle’s mother, Brenda, and two of her friends on the night she vanished.
Westerfield left the neighbourhood in his motorhome early the following morning, while police and volunteers were searching for the missing girl.
On February 27, 25 days after Danielle disappeared, her naked and badly decomposed body was discovered beside a remote road.
The condition of her remains prevented investigators from determining precisely how she died or whether she had been sexually assaulted.
Neighbour Describes Lasting Psychological Trauma
Buttons said Danielle’s murder devastated the neighbourhood and contributed to a decline in her mental health during adolescence.
She recalled experiencing severe anxiety during the 20 days between Danielle’s disappearance and Westerfield’s arrest.
The teenager developed insomnia and spent nights walking around her home, repeatedly checking that doors and windows were locked.
“I was a sensitive kid and it was a major contributor to my mental health decline in adolescence,” she wrote.
Buttons also followed Westerfield’s trial and said the evidence presented in court left her preoccupied with what Danielle might have experienced while in his custody.
“As we learned the horrific details, I couldn’t stop thinking about what she endured during the 3 days he had her,” she added.
Although investigators could not establish whether Danielle had been sexually assaulted, Buttons said she and other residents feared that the child had been abducted for that purpose.
Westerfield was also convicted of possessing child sexual abuse material discovered on his computer.
Forensic Evidence Linked Westerfield to the Murder
During the trial, prosecutors presented extensive forensic evidence connecting Westerfield to Danielle’s disappearance and murder.
Investigators discovered Danielle’s blood inside his motorhome and on his clothing.
Her hair was also found in his bedroom, including on his pillow and bedsheets.
Her blood, hair and fingerprints were among the evidence recovered from the vehicle.
Prosecutors argued that Westerfield had entered the van Dam family home during the night and concealed himself until he could abduct Danielle without waking her father or brothers.
The defence challenged the prosecution’s account. Westerfield’s attorney, Steven Feldman, suggested that the abduction was more likely to have been committed by someone familiar with the family and their home.
Feldman also questioned the van Dam family’s lifestyle, raising issues about their marijuana use and participation in swinging.
He argued that their behaviour had potentially exposed their children to danger, while maintaining that the defence was not blaming the parents for the crime.
Lead prosecutor Jeff Dusek urged jurors to concentrate on the physical evidence, particularly Danielle’s hair discovered in Westerfield’s bed.
Following a two-month trial, Westerfield was convicted of first-degree murder and kidnapping and sentenced to death.
Danielle’s Parents Deliver Emotional Statements
The sentencing proceedings brought further attention to the circumstances surrounding Danielle’s murder.
Her mother, Brenda van Dam, wept as Superior Court Judge William Mudd described the condition in which her daughter’s body had been discovered, including that she was naked and missing teeth.
The judge described the crime as “extremely cruel and vicious”.
Brenda addressed Westerfield directly, saying their daughter had been taken by someone motivated by self-gratification without regard for the harm inflicted on the child and her family.
“Our precious Danielle was taken by a monster, thinking only of self-gratification and not thinking about the sweet little child he was harming and about how his crime would affect her family, the community and the world,” she said.
She also rejected any possibility of leniency for the convicted killer.
“You do not deserve any leniency, any mercy because you refused to give it to Danielle,” she added.
Danielle’s father, Damon van Dam, spoke about the future his daughter would never experience, listing the milestones he had hoped to witness as she grew older.
“I’ll never get to see her be a doctor or a teacher. I’ll miss seeing her going to the prom.
I’ll miss her graduation. I’ll miss seeing her go off to college and seeing what she will become,” he said.
He described the family’s grief as a “hole in all of our hearts that will never heal”.
Newsom’s Execution Moratorium Preceded Latest Decision
Newsom had already taken steps to halt executions in California when he imposed a moratorium on the death penalty in 2019.
Westerfield’s conviction and death sentence were subsequently upheld unanimously by the California Supreme Court.
Buttons said she had continued hoping that a future governor would allow the sentences to be carried out in accordance with the wishes of California voters.
Residents had rejected measures to abolish capital punishment in ballot votes in 2012 and 2016. Voters also approved a measure in 2016 intended to accelerate executions.
Buttons said she had spent years hoping that a new governor would respect those decisions.
“All these years, I’ve held on to the hope that someone would eventually take office who respected the will of California voters and would allow these sentences to be carried out,” she wrote.
Buttons Appeals to California Supreme Court
Buttons said Newsom’s latest announcement was particularly upsetting because of the moral arguments he used to justify commuting the sentences.
She criticised what she regarded as the governor’s suggestion that his position reflected greater moral principles than those held by people whose lives had been affected by violent crimes.
“It’s especially insulting to hear Newsom go on about morality, as if he is morally superior to those of us whose lives were affected by these heinous crimes and who want to see the perpetrators brought to justice,” she said.
She concluded her statement by appealing to California’s highest court to intervene in Westerfield’s case.
“I’m hoping the California Supreme Court can stop Westerfield’s commutation,” she wrote.
