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

[Steve0113]

for sticking in their!~

I was going to complete the sentence as it was originally spelled, but thought better of it.

[dread78645]

Kamal was one of the studies used by Hall to validate his numbers. No relation to Duh-knees.

[Freedom2specul8]

http://www.signonsandiego.com/news/metro/danielle/transcripts/20020710-9999-am2.html
9 BY MR. DUSEK:10 Q. ONE LAST AREA, MA'AM.11 WHEN THE DEFENDANT WOULD BE DRINKING WOULD HE12 BECOME FORCEFUL?13 A. I REMEMBER AN OCCASION THAT HE DID

[John Jamieson]

Dusek called Neal, not Feldman!!!!

[the Deejay]

I just heard Dusek say, "IF HE DID IT"???

Guess even Dusek has doubts as to DW's guilt. This Dusek is amazing. WORST prosecutor I've ever witnessed. And I've seen so pretty lame ones.

[UCANSEE2]

Do you think that the ALCOHOL might have caused some PROFOUND changes in Brenda and Damon and their guests?

According to Brenda, it was alcohol, pot,alcohol, pot,more alcohol,more alcohol, RED BULL,pizza, more pot.

They left out the cocaine.

[demsux]

DW went in the house around 11pm and hung around until 3am?????

[Jaded]

Wouldn't you? Dusek... sigh.

SFW? Dusek has no case, I need a Dusek break...


A 50 year old needs to be supervised? Is Dusek on crack?

This is such at STRETCH.

[VRWC_minion]

WORST prosecutor I've ever witnessed.

Are you a lawyer ?

[cyncooper]

Dusek just highlighted the phrase DW used in his interview that jumped at you, too. That he said he had never been invited in the van Dam home when asked if he had ever been in the house.

[FresnoDA]

San Quentin State Prison (SQ)

 

INSTITUTION MISSION SUMMARY

San Quentin is California's oldest and best known correctional institution. The prison today includes a reception center for new commitments, a parole violator unit, general population units, and a minimum security work crew unit. The state's only gas chamber and death row for all male condemned inmates are located at San Quentin.

In 1992, the district court granted plaintiffs' motion for a temporary restraining order ("TRO") enjoining defendants from executing any California death row inmate by means of lethal gas. Fierro I, 790 F.Supp. at 7. The court found that there existed serious questions going to the merits and that an evidentiary hearing was necessary. Id. at 970-71.

Robert Alton Harris was executed in San Quentin's gas chamber shortly after 6:00 a.m. on April 21, 1992. Plaintiffs Fierro and Ruiz remain on California's death row. When California executed Harris, the state's sole method of execution was the "administration of a lethal gas." Cal. Penal Code section 3604 (West 1982). Soon after Harris's execution, in response to this case, the California Legislature amended section 3604 by adding lethal injection as an alternative means of execution. Cal. Stats. 1992, c.558. The amended statute provides for execution by lethal gas unless an inmate affirmatively chooses lethal injection and "if either manner of execution . . . is held invalid, the punishment of death shall be imposed by the alternative means." Cal. Penal Code section 3604 (West Supp. 1995).

Since then, the Gas Chamber has been "standing by" and LI is the means of execution in California.

[the Deejay]

I know Dusek called Neal, not Feldman.

[nycgal]

Thanks dread. I thought Dusek misspoke when he said the name. I must have missed the original testimony.

[Jaded]

And left NO TRACE of himself....

font face=" Comic Sans MS " color="#FF0000" size="5">**FREE HAZMAT DAVE**FREE HAZMAT DAVE**FREE HAZMAT DAVE**

[I. Ben Hurt]

Fell ASLEEP even. (I can't believe this garbage.)

[UCANSEE2]

Funny. I went back and read it, and noticed the Freudian slip. That is why I corrected it, but sometimes you wonder if the fingers are smarter than the brain. It was unintentional.

[MagnoliaMS]

Oh, Lord, now he's on that ad that was sent out everywhere, and IT WAS FOLDED to show the bed that was LIKE Danielle's. Give me a break!!

[Jaded]

oops...

[dread78645]

Come on Kim, admitt it...you're HOT for Dusek...

My Desperado snacks are now Desperado soup.

[the Deejay]

"Are you a lawyer ?"


Don't have to be. I've watched about 200 trials over the years & seen a good many lawyers. Does that qualify me to judge a good one from a lousy one? I think so.