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

[MagnoliaMS]

I just hope Dufus doesn't go on all day. I want to hear FELDMAN, and I can't be here tomorrow. Oops, here he is again....

[cyncooper]

"We all knew she was"....(dead) (before they found the body?) WE DID?

Did they not arrest him for murder before she was found? He is correct.

[mommya]

You know they will - If you all hear a loud scream coming from the direction if Illinois at that time - It will be me.

[demsux]

Wonder where all the blood is? One drop on a jacket, one drop on the MH floor...NO blood in body.

[the-gooroo]

So much is being made of the fact that DW was wearing shorts when he went to the drycleaners. Didn't Damon say he was wearing shorts and t-shirt while he was "babysitting" and playing video games friday night, Feb. 1st? Which means he had them on when the girls came over to pick up Brenda. Were they boxers?

[MagnoliaMS]

"Tried to place the blame on his son....."

[shezza]

Too late, Mrs. L. I just got shanghai-ed into carting a bunch of boys to the swimming pool. WHY TODAY???? Waaaaaaah!

Oh, now dusek is going into "getting rid of the evidence," like the black cowboy boots.

[spectre]

After Feldman goes, then Dusek can Rebutt...can Feldy ReReBUTT?

Van Dams are wondering "where is my child?"...abit late, huh Dusek..they didn't give a crap the night she disappeared to check on her, you piece of cow manure.

NOW he says "Westerfield TRIES to BLAME HIS SON"...have a heart attack, Dusek, you sorry excuse for a human being.

w

[demsux]

Dusek just accused DW of blaming his son, Neal...I thought Dusek called Neal to the stand NOT FELDMAN

[shezza]

I'm sorry, Dusek is making me sick.

And please accept my humble apologies for cutting out this morning. We'll be back in a couple of hours, though, which will be after the lunch break, and I'll pay my penance then.

[Henrietta]

But Danielle had gotten a haircut just days before her disappearance, and the hair found was consistent with the length of her hair after it was cut, severely narrowing the period of time the "wandering" could have occurred.

This doesn't mean much, since we all have different lengths of hair on our head merely from the fact that different strands are in different growth phases. The short hairs, for this reason, could have been shed before or after a haircut.

[shezza]

He did! And Feldman refused to cross-examine Neal on the stand.

[spectre]

Right..

[cyncooper]

Dusek just accused DW of blaming his son, Neal...I thought Dusek called Neal to the stand NOT FELDMAN

That was to rebut Feldman's case. They did try to blame the son.

[gigi]

Profiller LOL!! I can't believe they put this on when there is live testimony!

[the-gooroo]

Going to a pool with a bunch of screaming kids will be much better for the blood pressure than listening to this jerk. Have fun and remember to "walk slow but hurry back" to your fellow freepers. :)

[the Deejay]

Dusek has gone way beyond the pale. He sux......BIG TIME.

[shezza]

I wish I had one of those Stealth Ninja Dave offsite-surfing-machines so I could post to FR while I'm away, dagnabbit. Oh well.

[UCANSEE2]

The prosecution hsa not demonstrated ANY sort of case against DAW that he kidnapped Danielle Van Dam. On this one point alone, there must be an aquital.

You missed Judge Mudd's instructions and Dusek's case.

They know DW killed Danielle because he kidnapped her (prints,hair in MH). They know DW kidnapped Danielle because he killed her (she is dead).

Judge Mudd told the jury, IF he kidnapped her, then he killed her that is how you must find. If he killed her, then he kidnapped her, that is how you must find.

Feldman asked the Judge to at least have the idea that their should be a motive, some explanation of INTENT to KILL, and Judge Mudd said NO.

Everything Dusek wanted, Judge Mudd said "sure thing sweety".

Might as well be "THE SPANISH INQUISITION".

[demsux]

Dusek's gonna be wishing that he agreed to allow a lesser charge...