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

[connectthedots]

Not a lot of ballroom dancing, but I want to do more. Currently I am very good at Nightclub Two-Step, and Country Two-Step, and getting decent in the Hustle. East Coast Swing is boring but I am kind of a lower intermediate WCS and slowing getting better.

Dancing is so much fun and any guy that wants to meet wonderful women would do well to take it up.

[alexandria]

"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."

What does that sentence say to you?

[nycgal]

Dancing is so much fun and any guy that wants to meet wonderful women would do well to take it up.

I got my older brother interested in it a number of years ago and now he spends most of his free time dancing in L.A. He met a lot of attractive women that way since he's a pretty good dancer.

I like East Coast Swing, being an almost life-long New Yorker. Tango, Rhumba, and Fox Trot, too.

[connectthedots]

Based on the prosecutor's theory of the case, DW did not do it. I am not totally convinced Danielle went to sleep in her own bedroom the night she disappeared. Other than Damon, whose word do we have on that subject, and we know what his word is worth.

[connectthedots]

I've only been dancing for about 10 months now and get asked quite often to dance by some very good women dancers. 10 months is not very long and most people are surprised at how new I am at it. Well, when you go dancing 4-5 nights a week and have a good sense of rhythm; it does help.

[cyncooper]

I'm not sure what you are saying. I made clear I was paraphrasing what Dusek said---not quoting. When the transcripts are up you will see exactly what he said.

I do not think he was saying the headboard was the source, but that the source of the blue fibers got on the headboard, in addition to other areas, and also on Danielle and in her hair.

[nycgal]

Good male dancers are very much in demand. The better you get at it, the more you'll have to fight off the women :-)

[Greg Weston]

I'll try but DW apoligists hardly want to try and honestly discuss things like Blood, DNA, fibers, fingerprints in any credible way.

I have to wonder that the DW apoligists are so mad about the Van Dams supposed lifestyle that they are willing to give DW a pass on brutally killing a child. I can't understand it. How else do you ignore a mountain of evidence against the guy? I mean this case isn't even remotely near a close call. Slam Dunk guilty.

[CAPPSMADNESS]

Great question!

[Rheo]

Great job on transcribing!!!

Trying to catch up on all I missed and hope to catch some of the trial tomorrow before getting ready to leave again.

So, Danielle's head was slammed into the headboard as he is raping her, yet none of her hairs are found on the headboard, her hand is free enough to reach up and touch the cabinet but she doesn't manage to get any of DW's DNA under her nails.

What the heck comforters were missing??

If the hair found in the sink drain was so fresh, why had it deteriorated to the point of only showing 12 of the 13 markers?

Still so many unanswered questions!!

What about the brilliant emerald green, red and light blue fibers found on her body that were NOT found in his environments!!

[Greg Weston]

>>>Still so many unanswered questions!!<<

There often are in murder cases. But you have to go with the evidence you do have. And in this case it's a mountain against Westerfield.

[CAPPSMADNESS]

Firecracker! Firecracker! Boom! Boom! BOOM!

You REALLY need to quit with the "lifestyles" hangup - Most posters think it unseemly, but no one uses it to excuse Danielle's murder. And unfortunately, it does play into the trial as it opens up a whole can of worms regarding the types of people that came into contact with the child. And the "mountain" of evidence you are refferring to is no mountain at all - it is very small amounts and considered circumstancial at best.

[bvw]

That "sold into porno" is a possibility that would be interesing to investigate. (1) Do you think it was? (2) Do you know it was?

[bvw]

Not guilty on all the murder and kidnap charges and special instructions. Hung on the porno.

[Greg Weston]

It's enough evidence to send a dozen or more defendents to jail for life. That's the reality.

[CAPPSMADNESS]

Really? it's also enough LACK OF evidence to win an aquittal

And since you SO STRONGLY BELIEVE that Bug testimony can be "skewed" by an expert used by Mr Dusek MANY times - is it also possible that DNA/FIBER/HAIR evidence can be as easily "skewed"? Do you believe that it has ever happened in recent history? Do you think that someone would be so bold as to "skew" evidence as to change the outcome of an investigation? Happens all the time.....

[Jaded]

But what about the emerald green and red ones?

[Jaded]

Can't find it in Dulaney's testimony. Do you know where it is? Yes, it's still the unidentified blue fiber.

[Jaded]

He wanted they jury to jump to that conclusion.

[CAPPSMADNESS]

"But what about the emerald green and red ones?"

Now Jaded! Don't you know that THOSE fibers don't matter??? The only ones that matter are the 72 1/2 foot BIG BRIGHT/DULL orange fiber that encased Danielle's body from neck to foot, and the GIANT BLUE FIBER that was wrapped around her head from it banging on the headboard! You need to pay more attention to Mr. Dusek and discount anything else that you have heard/read as it has been "SKEWED" anyway.... GEESH! :0)