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Westerfield Closings Set For Tuesday, 8-6-2002: More Revelations Continue "Out" Of Jurors Sight!
Court TV ^ | August 6, 2002 | Harriet Ryan

Posted on 08/06/2002 6:40:14 AM PDT by FresnoDA

Westerfield closings set for Tuesday

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

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


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To: shezza
What about the little girl who was "raped" and made the jury cry? I think she WAS a child.

sw

161 posted on 08/06/2002 10:10:47 AM PDT by spectre
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To: shezza
I thought the intox. went to intent?
162 posted on 08/06/2002 10:11:02 AM PDT by mommya
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To: spectre
Me, too. I was shocked. The "special circumstances" rests completely on the kidnapping charge. If they haven't proven the kidnapping itself, then the jury can't convict for murder. But Mudd believes there was indeed a kidnapping based on that fingerprint. Does it sound like he was "leading" the jury to more heavily consider his opinion?
163 posted on 08/06/2002 10:12:28 AM PDT by shezza
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To: shezza
Dusek's closing arguments. *(1:13 pm through next Monday.)
164 posted on 08/06/2002 10:13:06 AM PDT by shezza
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To: shezza
Dusek: "We're talking about a young girl...7 years old. Will never see her 8th birthday. We're talking about what the defendent, a 50-year-old man who lives two doors away, did to this child. This is not a complicated case. May seem complicated with the DNA and all that sort of stuff, but the reality is very simple."
165 posted on 08/06/2002 10:15:16 AM PDT by shezza
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To: shezza
Company again at the door! Augh! Gotta go.
166 posted on 08/06/2002 10:15:43 AM PDT by shezza
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To: shezza
He's laying it off on the dry cleaning.
167 posted on 08/06/2002 10:18:17 AM PDT by demsux
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To: shezza
Did he say it today to the Jury?

Here's Dusek..."kidnapping was simple"...(Yeah it was, how come?)

"DW shows up in his underwear, in the cold, at the dry-cleaners"...(IN HIS UNDERWEAR!) Oh GAWD...I'm not gonna last.

He is soooo guilty of overacting.

sw

168 posted on 08/06/2002 10:18:41 AM PDT by spectre
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To: shezza
Oh, and the closed blinds.
169 posted on 08/06/2002 10:18:44 AM PDT by demsux
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To: VRWC_minion
A thermometer indicates the temperature where the thermometer is, usually a few feet above the ground. Because cold air sinks relative to warmer air and because the ground can cool very quickly the temperature at ground level can be cooler than a few feet higher where the thermometer is, eventhough the thermometer indicates a temperature that is above freezing, it can easily be below freezing a few feet lower.

Sorry...your wrong....ground retains heat and is the last thing in an enviroment to reach air temp.....That is one of the reasons that snow doesn't often stick in the southern climates because it melts as soon as it hits the "warmer" ground.

170 posted on 08/06/2002 10:19:14 AM PDT by is_is
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To: demsux
Yeah, he was at the cleaners "at the break of dawn, essentially in his underwear." Sheesh.
171 posted on 08/06/2002 10:19:30 AM PDT by MagnoliaMS
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To: demsux
Oh GAWD...Dusek is gonna cry...he is trying so hard to CRY...I swear he is...

sw

172 posted on 08/06/2002 10:20:44 AM PDT by spectre
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To: spectre
"We all knew she was"....(dead) (before they found the body?) WE DID?

He is screwing up badly...hardy, har..ha.

sw

173 posted on 08/06/2002 10:22:15 AM PDT by spectre
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To: spectre
All the evidence that he has mentioned so far, in his home and on his jacket can be explained away as transferrance during the cookie sale.
174 posted on 08/06/2002 10:22:28 AM PDT by demsux
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To: shezza
When two interpretations can be made for evidence, one pointing to guilt and one pointing to innocence, they must accept the innocent explanation, if both explanations are reasonable.

that sums up why i would vote to acquit!!!

175 posted on 08/06/2002 10:22:48 AM PDT by is_is
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To: is_is
Sorry...your wrong....

Complain to the poster who thinks Westerfield is innocent. He provided the link to that statement from a weather information on line site.

176 posted on 08/06/2002 10:22:56 AM PDT by VRWC_minion
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To: spectre
Commercial time on CTV..... seems like every 5 minutes.
177 posted on 08/06/2002 10:22:57 AM PDT by MagnoliaMS
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To: MagnoliaMS
Heck, they'll probably go into PROFILER for Feldmans closing..sw
178 posted on 08/06/2002 10:24:22 AM PDT by spectre
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To: is_is
Use Second link

Would it be colder than the night or warmer at sunrise ? BTW, frost = frozen water.

Dew tell me

http://www.shorstmeyer.com/wxfaqs/frost/frost.html
http://newton.dep.anl.gov/askasci/wea00/wea00039.htm

81 posted on 8/6/02 11:50 AM Eastern by rolling_stone

179 posted on 08/06/2002 10:24:31 AM PDT by VRWC_minion
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To: spectre; shezza
keep up the good work. Those who are cubicle-bound salute you.

Shezza, do not answer the door. Your first priority is this thread.
180 posted on 08/06/2002 10:25:43 AM PDT by Mrs.Liberty
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