Westerfield Closings Set For Tuesday, 8-6-2002: More Revelations Continue "Out" Of Jurors Sight!

Court TV ^ | August 6, 2002 | Harriet Ryan

[FresnoDA]

Westerfield closings set for Tuesday

The defense for David Westerfield, left, opted not to call a last forensic witness, clearing the way for closing arguments Tuesday morning.

By Harriet Ryan
Court TV

SAN DIEGO — After two months and 116 witnesses, jurors in the capital murder case of David Westerfield will hear closing arguments Tuesday.

"We'll be ready to rock and roll tomorrow morning," Judge William Mudd told lawyers Monday.

Defense attorneys for Westerfield, who is accused of kidnapping and killing his 7-year-old neighbor Danielle van Dam, had considered calling a forensic anthropologist as their final witness. After weekend discussions, however, they decided to rest their case, defense lawyer Steven Feldman told Mudd.

The judge imposed no time limits on the arguments Feldman and prosecutor Jeff Dusek will make, and closings in the trial, which included 199 exhibits and weeks of complex forensic testimony, could stretch into a second day.

At the hearing Monday, Feldman made yet another attempt to have the panel of six men and six women sequestered during deliberations. He cited front page articles about the case in the local paper as well as an article about swinging in San Diego magazine.

"The land mines keep growing, Judge," he told Mudd.

As he had before, the judge denied the request and said he trusted the jury to follow his instructions about avoiding media accounts of the case.

Westerfield, 50, faces the death penalty if convicted of Danielle's slaying. The second-grader was abducted from her bedroom last February. Searchers found her naked body on the side of a road three and a half weeks later. Prosecutors claim Westerfield sexually assaulted and suffocated her, but the defense says forensic evidence indicates she was dumped after the defendant was under police surveillance.

Comprehensive case coverage

[Spunky]

And now we go to the rear of the motorhome, where you folks stood and saw what you saw. Did you realize where the blood was on the floor? YOu had to walk right over it to get to the sink, where her hair was. We've got her fingerprint by the bed. We've got her blood in the hallway. We've got Layla's hair in the same spot. Also on the mat in the bathroom.

Is Dusek saying that Layla was with Danielle when this happened?
No! I don't think so.

Wasn't Duseks theory that he abducted Danielle out of her bedroom, took her to his house and into his bed first? Didn't Dusek say there in his bed they found Danielle's hair, orange fibers, blue fiber? I don't remember them ever saying they found Layla's hair in his bed.

So if Layla's hair was on Danielle and she transfered it with her to the motor home, I WANT TO KNOW WHY NONE OF LAYLA'S HAIR CAME OFF OF DANIELLE WHILE HE HAD HER IN HIS BED IN HIS MASTER BEDROOM.

Could it be because Layla and Danielle were in the motorhome some other time?
Or could it be I am all mixed up and Layla's hair was found in Westerfields Master Bedroom. Help me out here.

[Jaded]

For over an hour and left no trace... Stealth Ninja Dave.

[dread78645]

It looks like a quiet thread tonight...duhsuk tired everyone out today...

Unnerstand. I'm just in from the pub, six-pack in the fridge, new pack of smokes.

I'll watch for jackals.

[nycgal]

According to my notes, there were two dog hairs on the carpet in the hallway of the MH and another on the bathmat, also in the MH.

[Jaded]

There was also NO layla hair found on the body. IMO, there is too much layla hair in the RV to be transference. The dog been in there.

[sunshine state]

Quitting smoking is tough. I haven't smoked in about 5-1/2 years so I can tell you it does get easier.

[sunshine state]

I'd like to add my belated thanks to you for posting the closing arguments. It's greatly appreciated.

[dread78645]

A mech. engineer in San Diego would probably have a cable hookup,or maybe DSL,but that's a wild guess in my part.

And what, in your 6 hour experience, do you think a software QA engineer would have ?

[alexandria]

More than the one or two drops in evidence, I would think.

Usually quite a bit will stream from victims nose mixed with mucus not a huge amount but considerably more than 2 drops.

[Jrabbit]

The jackals are howling on the new thread.

[Karson]

Did Dusek say that the blue fibers -- in her hair and on the MH headboard -- were from her blanket from her room ? I saw this posted (as a question) on another forum. I only heard portions throughout the afternoon so I don't know if he said it.

[Jrabbit]

Dusek made up so many things that I lost track. I thought he said the blue fibers were from the headboard in the MH. Or from her PJ's.

[Spunky]

If you were on the jury, would you vote Guilty or Innocent, and why.

Well first off you don't get to vote innocent. You either vote guilty beyond a reasonable doubt, or not guilty because you do have reasonable doubt.

I served as a juror in California one time. After the judges instructions which is the law and if you follow the law it is pretty hard to come to a guilty verdict unless the evidence really reaches out and bites you.

So with all that being said I would vote not guilty.

I do think we will have a hung jury though.

[Jaded]

No one seems to remember the blue fibers in her hair. We'll keep looking.

[dread78645]

The jackals are howling on the new thread.

On the Libertarians vs. Rockafeller Repubs.

Getting there as fast as I can.

[Spunky]

I thought he said the blue fibers were from the headboard in the MH

That is what I thought he said also.

This is how I thought he said it.

Danielle is in/on the motorhome bed she is struggling enough that she grabs the cabinet above the bed and leaves her finger prints while he is banging her head against the headboard that is covered with some blue fabric. Then he says, "Guess where they found those blue fibers?" "In her hair."

[cyncooper]

My memory is he said something like: "Do you remember where they found those blue fibers in the motor home? One of the places was the headboard (then shows the headboard). Those same fibers were in her hair."

And Jaded, one blue fiber was definitely found in her hair. That was testified to at trial. The body sheet had a lot of the blue fibers.

[alexandria]

Then he says, "Guess where they found those blue fibers?" "In her hair."

Did the fiber expert testify that those blue fibers were a possible match to the headboard or is this more of Dusak's sick hypothisis rendering?
Honestly, I know how Feldman must have felt. I was pacing the floor back and forth arguing with the man. I would have looked quite insane had anyone been watching.

[dread78645]

Who do you think had more unfortunate "unlucky" coincidences that point right at him being guilty...Westerfield or O.J.?

Nice try, Gwreg. Please return when who have a honest argument.

[cyncooper]

Dusek did not say the headboard was the source for the blue fibers.