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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: Steve0113
From an earlier post..it's in the transcripts too.

"Susan L, the x-girlfriend said that she didn't drink much, that dw drank too much, she left him cuz of his drinking problems and that when he did drink, his character/mood changed to being upset, sad/depressed, withdrawn and he becamse very quiet. Dusek also got her to admit that he becamse forceful while drunk once. Forceful was vague, wasn't defined..so the jury is left to speculate what the forceful was all about unless it's explained later. "

321 posted on 08/06/2002 11:34:59 AM PDT by Freedom2specul8
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To: FresnoDA
good one, Fres!
322 posted on 08/06/2002 11:35:13 AM PDT by It's me
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To: spectre
There you go again; confusing the issues with facts. :-)
323 posted on 08/06/2002 11:35:17 AM PDT by connectthedots
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To: spectre
Talking about "hired guns" and how Neal HAD to testify against his Dad "that stinks!", says Dusek.

Let's see, who was it that put Neal on the stand? Hmmm?

324 posted on 08/06/2002 11:35:19 AM PDT by Steve0113
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To: FresnoDA
You better follow orders than Fres :)
325 posted on 08/06/2002 11:35:27 AM PDT by Freedom2specul8
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To: FresnoDA
than = then
326 posted on 08/06/2002 11:35:41 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
not a post, kim, the transcrips, please
327 posted on 08/06/2002 11:35:46 AM PDT by It's me
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To: ~Kim4VRWC's~
I can't agree. I've missed some during the CTV breaks. I thought he started strong with his emotional appeal, but really lost the jury with his repeating the jury instructions, stumbled through the bug guys and then he couldn't decide whether to quit or not. He's back to porno now which has no evidentuary value.

He could have done much better, but he just doesn't have the evidence for how, when and where that a good case would have. I give him a B-. I also find his halting speaking style very irritating.
328 posted on 08/06/2002 11:35:54 AM PDT by John Jamieson
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To: Steve0113
Susan testified he "shoved her"..Now, she is a nice person, but very fragile. So it all depends of what the definition of "shove" is :~)

sw

329 posted on 08/06/2002 11:36:09 AM PDT by spectre
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To: ~Kim4VRWC's~
I can't believe they spell like that in the transcripts.

**FREE NINJA DAVE**FREE NINJA DAVE**FREE NINJA DAVE**

330 posted on 08/06/2002 11:36:26 AM PDT by Jaded
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To: Jaded
I wonder who was surfing porn in DW's house, while DW was at the police station?
331 posted on 08/06/2002 11:37:40 AM PDT by demsux
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To: Jaded; All
Dusek says there's no evidence that the VDs killed Danielle. He's right!! Damon steamcleaned/painted it away.
332 posted on 08/06/2002 11:39:21 AM PDT by nycgal
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To: spectre
Hell no, Neal shouldn't have had to testify. Dusak's the one that forced him to testify. There has been a valid suggestion of the porn videos being captured in a backup and then are going to be in same folder as was on the computer.
333 posted on 08/06/2002 11:39:21 AM PDT by alexandria
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To: demsux
One of Stealth Ninja Dave's many talents.

Hey, you got any Dramamine?
334 posted on 08/06/2002 11:39:26 AM PDT by Jaded
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To: spectre
Susan testified he "shoved her"..Now, she is a nice person, but very fragile. So it all depends of what the definition of "shove" is :~)

Yep. I got the distinct impression that he didn't hurt her, and that she wasn't afraid of him.

335 posted on 08/06/2002 11:40:34 AM PDT by Steve0113
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To: John Jamieson
I agree that Dusek started out really strong regarding the physical evidence. After about the first 15 minutes, he should have simply closed up his argument and sat down. If you have 15 minutes of material don't to squeeze it into 2 hours. After the first 15 minutes, the only Dusek has done was to draw attention away from the first 15 minutes of his closing. Not very smart if you ask me.
336 posted on 08/06/2002 11:41:39 AM PDT by connectthedots
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To: nycgal
Wow, he's worried!
337 posted on 08/06/2002 11:41:42 AM PDT by John Jamieson
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To: connectthedots
He wants to bore the jury into a guilty verdict.
338 posted on 08/06/2002 11:42:36 AM PDT by Jaded
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To: demsux
RICK ROBERTS’ SOURCE, HIGH-PLACED LAW ENFORCEMENT OFFICIAL’ TOLD RICK

The comments of Rick Roberts source (a high placed law enforcement official) are in bold type. Additional information from other sources (press, etc.) are in italics.

David Westerfield has been quoted in the press as saying that he was a friend of the van Dams.

The van Dams have denied this, stating that their only contact with him was when Brenda and Danielle came to his home to sell girl scout cookies, and when they exchanged greeting as they passed by.

The bar has been identified in the press as "Dad’s Café and Steak House."

David Westerfield openly admitted that he was at the bar that night. He claims that he danced with Brenda van Dam. Brenda denies this.

 

339 posted on 08/06/2002 11:42:42 AM PDT by FresnoDA
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To: nycgal
Yeppers.
340 posted on 08/06/2002 11:42:53 AM PDT by Jaded
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