Posted on 08/21/2002 10:23:50 AM PDT by FresnoDA
August 21, 2002
The jury in the David Westerfield trial has reached a verdict, Court TV reports, and it will be announced at 11 a.m. today at the San Diego County Courthouse, on the 10th day of deliberations.
As of this morning, the jury has deliberated more than 40 hours since receiving the case Aug. 8. Nearly 100 witnesses were called over two months of trial testimony.
Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of 7-year-old Danielle van Dam, who was discovered missing from her bed the morning of Feb. 2.
The defendant -- a former Sabre Springs resident -- could face the death penalty if the jury convicts him of killing the girl and finds true a special circumstance allegation that the second-grader's murder occurred during a kidnapping.
Jurors have listened to a readback of testimony on how insects found on Danielle's body could help determine when she died. According to defense attorneys, insect-infestation testimony showed Westerfield could not be the killer because he was under surveillance at the time when the body was dumped.
San Diego County Medical Examiner Brian Blackbourne and insect expert David Faulkner were among a group of witnesses who testified about how insects found on the child's body could help determine when she had been dumped off an East County road near Dehesa.
Faulkner, a forensic entomologist, found 14 insect species on the girl's body when he examined it at the East County recovery site. He testified that fly larvae first infested the body 10-12 days before volunteer searchers discovered it on Feb. 27.
On cross-examination by prosecutors, Faulkner conceded that he could not give a maximum time that Danielle's body was exposed to the elements. Blackbourne testified that the body was in an advanced state of decomposition and that animals had been feeding on it. He testified that Danielle died between Feb. 1 and Feb. 18.
Other experts testified that insects could have infested the body as little as four days before it was discovered to six weeks earlier.
After deliberating for more than nine days, the panel sent a note to Judge William Mudd saying it had reached agreement. The lawyers and defendant David Westerfield are being called back to the courtroom, where the verdict will be read starting at 11 a.m.
Westerfield is charged with murder, kidnapping and misdemeanor possession of child pornography. If convicted of the special circumstance murder allegation, he could be sentenced to death.
Danielle was last seen alive on Feb. 1, when her father put her to bed in their two-story home in suburban northern San Diego. After a massive search, the girl's nude body was found on Feb. 27 along a rural road east of San Diego. Westerfield became the prime suspect within days of her disappearance and was arrested two days before the body was discovered after tests showed that blood spots on his clothes came from the girl.
Watch NBC 7/39 for live coverage of the decision. You can also watch it on the Internet in the NBC 7/39 FeedRoom.
Hey guys, ping your buddies.
sw
AND THE NEWEST GOLDEN COMMENTS
To: fatima
You said it,I posted what you said,this is a litlle strange because I began to believe you,You said it. by fatima
Think you need to clarify your post. It was like watching a drunk trying to get down the street. by kayti
I am sorry but, about that hair thing. What the hell is up with the picture of a hair against a white background being "compared" to another hair on a pinkish/orange background?
If I was a member of the jury I would JUST HAVE to get up and point out.
"Haven't ANY of you people EVER watched Sesame Street?" WELL?
Then sing it with me, "one of these things IS NOT LIKE THE OTHER!" by alexandria
I'm glad we have the Smokey Backroom where we can tell them where to take/put their comments.
sw
PRAY
me too..
sw
God speed to DW!
Posted by UCANSEE2 to MizSterious On General Interest Aug 12 4:54 PM #447 of 702
Concerning the VERDICT POOL: Aug 21, 2002.
Westerfield - NOT GUILTY, all counts.
Judge Mudd turns in his robes.
PADRES lose their next game.( believe the owner is shutting down the team. I got this one)
DUSEK committed to mental asylum.
Pfingst arrested by FBI for participating in CHILD PORN RING.
Brenda Van Dam and Bill Libby move to Florida.
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