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

[John Jamieson]

Next he's explain that Brooke Rowland didn't do it! Bad approach!

[cyncooper]

I wonder who was surfing porn in DW's house, while DW was at the police station

Posted by cyncooper to Jaded

On General Interest Aug 6 10:59 AM #242 of 335

About surfing porn.

Watkins testimony July 24 regarding 2/4 computer activity:

Q. HOW MANY PORNOGRAPHIC WEBSITES WERE VISITED THAT DAY?

A. I FOUND NONE.

-------------------------------------------------------------------------------- Post Reply | Private Reply | To 231 | View Replies

[Jaded]

It doesn't matter that Brady was dealing drugs..... they are all a nice suburban group of folks.

[UCANSEE2]

BTW, while this case is wrapping up, I want to say something.

This case provoked strong emotion. Each of us has our 'hot buttons'.

We each have our own set of moral values and ideology of right/wrong.

KIM and I may not agree. But no matter how hard the fight gets, how close to personal attacks each of us makes toward another, no matter HOW WRONG you think ANOTHER PERSON IS, you must admit this.

They SAW IT ALL THE WAY THROUGH!

No matter what happens in this case, my respect goes out to my opposition for sticking in their!~

[FresnoDA]

I know the Van Dam's...

The Van Dam's are friends of mine....

They DID NOT do it...

My fans believe me...

Dusek believes me....

DO YOU BELIEVE ME???

[connectthedots]

Why is Dusek pointing out that some of the party-goers are potential perps? Talking about how nefarious they are. Does 'stupid' come to mind?

[UCANSEE2]

I meant to list you in the last post also.

[spectre]

Yeah, John I believe you..especially when you said how to prevent a child from being kidnapped "Get a dog that barks and lock your doors"...next.

Nice leather jacket :~)

sw

[John Jamieson]

I agree, without Kim and few others, we would have no one to bounce against. Kim has done some serious research as have many others. It's the hit and runs that PO me.

[Freedom2specul8]

Only for you..

http://www.signonsandiego.com/news/metro/danielle/transcripts/20020710-9999-am2.html
13 Q. AND YOU MET HIM AT A DRINKING ESTABLISHMENT14 SOMEPLACE?15 A. IT WAS A COUNTRY AND WESTERN CLUB IN POWAY.16 Q. IS IT A BAR?

***

21 Q. WHEN YOU WOULD GO TO THE DESERT WOULD THERE BE ANY22 DRINKING?23 A. YES.24 Q. WOULD THE DEFENDANT DRINK?25 A. YES.26 Q. DID YOU SEE ANY CHANGE IN ATTITUDE OR PERSONALITY?27 A. YES.28 Q. WHEN HE WOULD DRINK?


****

7 Q. WHAT WOULD YOU SEE?8 A. HE WOULD BECOME VERY QUIET.9 Q. WHAT ELSE DID YOU SEE?10 A. SOMETIMES HE WOULD BECOME A LITTLE UPSET.11 Q. DEPRESSED?12 A. YES.13 Q. BASICALLY YOU'D SEE A CHANGE IN CHARACTER WHEN HE14 WOULD DRINK, WOULDN'T YOU?


****


18 THE WITNESS: YES.19 20 BY MR. DUSEK:21 Q. THE WAY HE IS AS A SOBER INDIVIDUAL WAS MUCH22 DIFFERENT THAN WHEN HE'D BE DRINKING, CORRECT?23 A. CORRECT.24 Q. IS THAT ONE OF THE REASONS YOU LEFT?25 A. BECAUSE OF THE DRINKING?26 Q. YES.

****

6 Q. SUSAN, DO YOU DRINK AT ALL?7 A. NO, VERY RARELY.

****

26 Q. THE RELATIONSHIP THAT YOU WERE IN WITH MR.27 WESTERFIELD, YOU DESCRIBED SEVERAL TIMES THAT YOU BROKE UP WITH28 MR. WESTERFIELD?.79171 A. CORRECT.2 Q. AND THIS -- BUT THIS WAS A CONTINUOUS RELATIONSHIP3 BETWEEN THE TIME THAT YOU MET HIM AND UNTIL ABOUT TWO OR THREE4 WEEKS BEFORE YOU FOUND OUT HE WAS A SUSPECT IN THIS CASE; IS5 THAT CORRECT?

[VRWC_minion]

Why is Dusek pointing out that some of the party-goers are potential perps?

To rule them out. Process of elimination. Every play clue ?

In fact he is answering the questions raised by a number of folks here.

[Steve0113]

Each of us has our 'hot buttons'.

That's for damned sure. And they tend to be rather obvious.

[nycgal]

Why is Dusek pointing out that some of the party-goers are potential perps? Talking about how nefarious they are. Does 'stupid' come to mind?

He's even brought up Cherokee and her temporary boyfriend as possible suspects. Funny how he hasn't addressed the unidentified prints in the VD house.

[UCANSEE2]

Notice that instead of going over WHY DW is guilty, HOW he did it, etc.,

he keeps going back over all the things we have discussed and is defending it.

Damon didn't do it, Brenda didn't, the partiers didn't,the boogeyman didn't (oh, well, the 2 guys running the CHILD/VIDEOPORN/RAPE/KILL ring down the street might have but I don't want to tell the jury about that, cause they have been charged,but not convicted).

[spectre]

Anyone notice how pale DW looks today. BTW, anyone notice how little Dusek looks at DW?

sw

[the Deejay]

WHERE OH WHERE is he getting this crap about DW blaming Neal for the child porn? I NEVER HEARD IT IN COURT. In fact, Feldman didn't ask ONE QUESTION OF NEAL.

Has Dusek been paying attention during this trial? I have my doubts. I think he's only gotten his info from the media!

[UCANSEE2]

for sticking in their!~

Correction: for sticking in there!

[John Jamieson]

He's screwing up bad. He knows DW did it because he feels that none of these others did it. Process of elimination!!!

And he lives two doors down. Most of the other perverts live a couple of miles away!

[connectthedots]

Dusek is now admitting DW doesn't match the stereotype of a child kidnapper/rapist/murderer. Telling the jury to ignore the fact that DW does not match the characteristics of such a person.

[UCANSEE2]

Kim, a lawyer' statements or press releases are not testimony.