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

[Jaded]

Exercise this early? That's quite a jump.

[Dave_in_Upland]

I understand your point but it may not be contradictory. Bugs provide the minimum time frames that the body is available not the maximum.

Actually they do provide a maximum. The development stages of the various larvae determine how long the body had been in that environment.

Ane why do the DW haters always discount the forensic evidence of the beetles?

[spectre]

Well, in Manson's case, I think we all pretty much know what the facts were, so the Judge was safe in not granting a Mistrial.

But in this case, there were two cases mentioned, and this ONE happens to be going to the Jury.

Feldman told Judge Mudd, there were Jury "land mines" out there. If the President's comments wasn't another "land mine", I don't know what else could have been? He mentioned Danielle Van Dam, his sympathy for Brenda Van Dam, etc...

The Jury will feel it their moral obligation to convict, and that is just my opinion.

Judge Mudd told Feldman just yesterday, ONE MORE incident, and he will sequester the Jury.

I think this is the qualifier.

[pinz-n-needlez]

Calling all Freeper Researchers and Sleuths:

Can any of you find any articles from Adam Walsh's abduction and murder July 27, 1981? We're looking for names of the teens who were playing video games at the Sears store. They got kicked out of the mall after an argument, and Adam was never seen alive again.

We need to see the names of the teens who were playing video games that day in Hollywood, Florida.

[VRWC_minion]

Correction:

The development stages of the various larvae determine how long the body had been in that environment and available for insect infestation. Possible delay causing evens include mummification, wrapping, ants and daily freezing temperautres.

As to your second point, why do you believe I hate Westerfield ? Can you point to a comment I made about him that indicates that ? If not let me clarify it for you. I have no feelings about him what-so-ever. Based on the evidence I believe he is guilty and I wish him and the Van Dams to at least find their way to finding God's peace out of this awful event.

[Dave_in_Upland]

I suppose the condition of the cut end could reveal something about how recent it was sheared.

Just another fact that was conviently omitted because the DA is more interested in the conviction than the search for truth?

[spectre]

You don't honestly believe that the comments made by our President wouldn't influence the Jury to convict? Oh please...

BTW, poor Bush didn't EVEN know what Samantha's last name was...he said REUNION...

sw

[Jaded]

Danielle was not completely mummified nor was she wrapped, there weren't that many ants (stealth ants) it did not freeze daily. The temps were quite high for the time of year in the San Diego area.

[VRWC_minion]

You don't honestly believe that the comments made by our President wouldn't influence the Jury to convict?

No, I don't think they are that stupid. I have loads more faith in the jury system than that.

[VRWC_minion]

And the bug activity in her brain was far less than expected and the experts had never seen or evaluated a situation like this before.

BTW, it did freeze every night up until about 2/12

[Dave_in_Upland]

Possible delay causing evens include mummification

Part of your problem is that you treat the mummification as a seperate event, that it happened before the infestation, when in fact they are coincident events. Did mummification sudenly halt once the bugs arrived? Of course not. The body started to decompose and mummify from the time of her disposal until it was recovered.

I call you a DW hater because your focus on his conviction precludes you from viewing any evidence that would cause reasonable doubt in an open minded person. You want someone to die for killing that child and DW is your most likely suspect to focus your anger on. All of us want the killer to die, but some of us believe that there is not enouth proof to show that DW is the killer.

[demsux]

I got it right...Firecrackers...thanks Jaded

[spectre]

The only way these Juror's wouldn't listen to Bush is if they are all Democrats...But then, DW is a Republican...so he's screwed either way..sw

[MizSterious]

"BTW, it did freeze every night up until about 2/12"

Proof, please?

[Southflanknorthpawsis]

All of us want the killer to die, but some of us believe that there is not enouth proof to show that DW is the killer.

Indeed.......and what's nearly as disturbing as convicting and sentencing the wrong person, is that THE killer still walks amongst us.

As much as I get a headache merely hearing the voice of Jeff Dusek, I cannot wait to hear him tell the story the way he thnks it happened. I wonder if the jury will be thinking about what he promised to show in his opening argument.........you know....how DW got in and out of the VD house, what he did to the child, how he disposed of her body, etc.

Did I miss something or were those things left unexplained? I do hope the jurors remember that closing arguments are not evidence.

[Southflanknorthpawsis]

thnks = thinks

[VRWC_minion]

I call you a DW hater because your focus on his conviction precludes you from viewing any evidence that would cause reasonable doubt in an open minded person.

Its not possible in your mind that another person could look at the same evidence and conclude differently ? I think its possible.

You want someone to die for killing that child and DW is your most likely suspect to focus your anger on.

First, I personally disagree with the death penalty. Second, I don't believe that Westerfield is "the most likely". I believe he is the killer without any reaonable doubt.

All of us want the killer to die, but some of us believe that there is not enouth proof to show that DW is the killer.

I don't want the killer to die. I do believe that Westerfield is guilty based on the evidence presented thus far.

[VRWC_minion]

Proof, please?

Golf course guy testimony.

[Spunky]

and the hair found was consistent with the length of her hair after it was cut, severely narrowing the period of time the "wandering" could have occurred.

How dumb do they think people are?

If the over all look of the length of hair is 12 inches you would still have varying lengths of hair in amongest that 12 inch look. Hair is falling out and growing back in all the time.

[MizSterious]

His testimony was largely discredited, in part because he was no expert. I was hoping you had some temperature stats. The ones I've seen showed only one night where it froze. Please provide real proof. Otherwise, I consider it an opinion.