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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
Refers to hundreds of thousands of dollars and testing and experts as "that sort of stuff". ***Spare me this moment.
201 posted on 08/06/2002 10:38:38 AM PDT by Jaded
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To: the-gooroo; redlipstick
I'd leave too, but then I'd get accused for not listening to the Prosecution...

Dusek just tries to tell the jury how DW did it ..he grabs Danielle by the arm and says (really mean) "you come with me, YOU COME with ME, RIGHT NOW"!

Bite me, Dusek.

sw

202 posted on 08/06/2002 10:39:27 AM PDT by spectre
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To: mommya
Try radio feed from kogo or kfmb. If you can stomach Rick Roberts.

I loathe Dusek.
203 posted on 08/06/2002 10:40:23 AM PDT by Jaded
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To: Jaded
When is he going to explain HOW the body was moved to the MH for disposal?
204 posted on 08/06/2002 10:40:28 AM PDT by demsux
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To: spectre
Dusek needs to join Toastmasters. He is a horrible public speaker. Not very organized, throws in unnecessary verbage, inflection sucks, and does not transition from one point to the next very well.

Wonder how much time Dusek is going to spend discussing the bug evidence? Maybe about 15 seconds.

Can Feldman mention Danielle's diary in his closing arguments.
205 posted on 08/06/2002 10:41:07 AM PDT by connectthedots
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To: connectthedots
Was her diary part of the evidence in the trial?
206 posted on 08/06/2002 10:42:45 AM PDT by Green
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To: cyncooper
Prosecution Witness did that and showed Neal was perjuring himself, like it or not. Neal lied. Now he has to live with it.
207 posted on 08/06/2002 10:42:47 AM PDT by Jaded
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To: demsux
Is it just me or is Dusek undermining the kidnapping charge?
208 posted on 08/06/2002 10:42:57 AM PDT by connectthedots
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To: spectre
GRASPING FOR FIBERS
209 posted on 08/06/2002 10:43:01 AM PDT by demsux
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To: demsux
When is he going to show HOW DW got into & out of the vdams house WITH the kid? HUH? He said in his opening he would "show" us how.
210 posted on 08/06/2002 10:43:14 AM PDT by the Deejay
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To: demsux
He can't.

He gave the OTHER Danielle's name. What a shmoe.
211 posted on 08/06/2002 10:43:46 AM PDT by Jaded
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To: connectthedots
Three people I loathe on the face of this earth...Hillary, Bill and Dusek.

I don't know what Feldman can say.

The 911 tape tells us "basically how the kidapping happened"..

It does? What?

sw

212 posted on 08/06/2002 10:44:19 AM PDT by spectre
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To: Jaded
How did neal lie?
213 posted on 08/06/2002 10:44:32 AM PDT by It's me
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To: Green
I'm not sure, but if Mudd refused to allow it in, it could be grounds for a reversal on appeal.
214 posted on 08/06/2002 10:44:40 AM PDT by connectthedots
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To: shezza
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?

This case to too HIGH PROFILE for the judge to allow the JURY to do anything but come back with GUILTY. The DA's career is on the line. Dusek's career is on the line.

The city of San Diego is on the line.

The JUDGE's career is on the line. They must show a case for being HARD on CHILD KILLERS. (well, when it's on TV every day for months. When it is not a high profile case, they can do differently).

What about these 2 men running a CHILD PORN/RAPE/KILL ring out of SAN DIEGO.

How come people aren't demanding they be HUNG ????????? They have themselves ON VIDEO committing rape of children. Nobody seems upset about. Wonder why that is? Are they gonna show that in court, or will it be suppressed ?

All they gotta do is claim they are homosexuals and they will be protected by the PC politicians and Judges.

215 posted on 08/06/2002 10:45:15 AM PDT by UCANSEE2
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To: the Deejay
I agree. He should change occupations and become a fiction writer.
216 posted on 08/06/2002 10:45:25 AM PDT by tdhjohnsmom
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To: Jaded
Neal lied. Now he has to live with it.

No, I don't believe he did. It certainly has not been shown he had one thing to do with child porn. Unless you are going to contend that Neal set up a special sub-file in his father's work folder, for example? I don't think so.

217 posted on 08/06/2002 10:45:52 AM PDT by cyncooper
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To: the Deejay
Just details.
218 posted on 08/06/2002 10:46:38 AM PDT by connectthedots
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To: spectre
DU-SECTION: Meticulously discecting one's own case to the detriment of one's own case.
219 posted on 08/06/2002 10:46:38 AM PDT by demsux
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"How did he do it? I do not have to prove or decide how it was done? Was it done..was she kidnapped? Not how."

He's right. He doesn't have to prove a darn thing if the Jury is STUPID and convicts on emotions.

sw

220 posted on 08/06/2002 10:46:54 AM PDT by spectre
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