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

[Blue Screen of Death]

IN WHICH CASE, most of us won't get to see Feldman.

Yea, there is a real east coast bias on CTV. Anything that happens in a time zone other than Eastern, is dropped. I have tuned in at random over the last several weeks and have noticed that I see the prosecution about 75% of the time. I really want to see Feldman do his thing. I guess re-runs of Cops is more important for CTV.

[spectre]

Well, in DW's case...considering his age and what effect booze would have on his body...I'd give him a low mark for getting past his own front door without tripping.

sw

[spectre]

That's funny...considering the poster is Jewish...

sw

[Freedom2specul8]

His behaviour IS an important part of his entire character and disposition. He's child hood sounds terrible, I don't blame him for having drinking problems.. I can't imagine being forced to move out like he was.

IT was not testified that they were screwing each other in that 20 minute time period. That is speculation...but susan was believable. And we can speculate that her tears were fear based... remember, he called and harassed her over catching her with that guy she brought home from the bar AFTER she broke up with DW. A true gentleman would have not told her he saw her with the guy but no, he had to flaunt his knowledge and intimidate her for it. She said DW made her uncomfortable over it. On top of that, he allowed his atty to try to blame the child porn on his son.. Oh yeah, this guy is squeaky clean..NOT.

I sent you a freepmail..

[John Jamieson]

Drunk 50 yearolds usually go home and crash in bed. They usually don't sneak over to the neighbors house to kill their kids.

[Freedom2specul8]

You forgot binding agents!

binding agents: DNA and Child Porn

[UCANSEE2]

OK. I see. But, like all other 'evidence' in this case, they are taking everyday circumstances, everyday occurrences, and stretching them to try an MAKE A FEDERAL CASE (in a sense) out of it.

I know many people that have personality changes when they drink (about %100 actually), but they don't KILL because of it. (unless they drive)

IT is possible DW could have kidnapped/killed Danielle.

That is really all Prosecution has, if you look at it.

Based on this they should have arrested and charged about 2000 people for killing Danielle, because that many (or more) could have, and many had more motive than DW. Many may have had MORE PHYSICAL EVIDENCE than they got on DW.

Had they checked Damon's VAN, or Barb's vehicle, what might they have found ?

Let me ask this. Why were there cable (internet) lines connected to the VD's and that were cut before police investigated? What was being received or BROADCAST that required these lines, and that required getting rid of them in a hurry?

What type of PORN did the VD's have on their computers? Aren't you just the least bit curious?

[John Jamieson]

I think Feldman's on next. Dusek even tried to sit down a half hour eary to "swap".

[cyncooper]

Interesting that you make a statement, based on testimony, that Susan said DW's mood became altered when drinking.

Certain posters tell you that you are incorrect.

You then back up your recollection with testimony and the subject changes! Now you are being pestered about how he wasn't forceful. And also making an effort to substantiate your post means you are "hung up" on it.

[vollmond]

Regarding the defense trying to blame Neal for the porn:
It was the defense that called a computer security expert to show that some of the porn was accessed in conjunction with hotmail access by DN... (I've forgotten the last part of the user name). The defense was trying to introduce reasonable doubt that DW was guilt of the child porn charges, by showing Neal had done a little sufing himself.

If that's not blaming the son, I don't know what is.

The prosecution was then forced to call Neal to the stand during rebuttal to show that Neal was not responsible for the really bad stuff. If it wasn't for the defense's intial attempt to deflect blame/confuse the issue, Neal wouldn't have been called by the prosecution.

[pinz-n-needlez]

But this one went over to sneak into the house and hide in the closet while sniffing pizza! LOL

Dusek didn't prove he killed her, he didn't need to. Neener, neener. He just had to come up with a dead body.

What a pitiful presentation he made, imho.

[spectre]

Not really, hergus..just wanted to get your attentin. But the AUTHOR is Hispanic...see if you can find a problem with that and the Jewish connection..:~)

sw

[gigi]

"That would be referring to the unidentified fingerprints, for example."

Don't you wonder who they belonged to?

[Steve0113]

considering his age and what effect booze would have on his body...I'd give him a low mark for getting past his own front door without tripping.

That reminds me of something that has bothered me about this case all along. Back in my irresponsible past, more than once I drove home after consuming enough adult beverages that I couldn't remember driving home. Once I got there, though, my one and only thought was finding my bed and falling into it.

The idea of, instead of sleeping, going into a neighbors house and snatching a 7-year-old would've been preposterous.

At that late hour, after that much alcohol, I don't believe DW was physically capable of what he is accused of doing.

[fatima]

Thanks Shermy

[dread78645]

To: dread78645

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

367 posted on 8/6/02 1:52 PM Central by demsux
[ Post Reply | Private Reply | To 362 | View Replies | Report Abuse ]

Was that intended for my #362, I'm confused.

[Steve0113]

Drunk 50 yearolds usually go home and crash in bed. They usually don't sneak over to the neighbors house to kill their kids.

You mindreader!

[Eva]

Drunk 50 yearolds usually go home and crash in bed. They usually don't sneak over to the neighbors house to kill their kids.

I agree and I would like to add that Westerfield's live-in girlfriend also had two daughters. If Westerfield had a perverted interest in underage girls, I think they would have known about it and spoken up at this time.

[Freedom2specul8]

I don't know if you are aware that the vd's have been accused of having tons of strangers in and out of the house... I'm wondering where are THEIR prints are. It must not have been true.