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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: Eva
(And is prosecution allowed to enter into evidence additional images/tapes/whatever AFTER the sides have rested? He's going to enter and show to the jury additional porn.)
521 posted on 08/06/2002 1:26:09 PM PDT by shezza
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To: shezza
Wow,he had drawings.
522 posted on 08/06/2002 1:26:34 PM PDT by fatima
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To: shezza
Gotta go...keep up the great work...be back tonight.
523 posted on 08/06/2002 1:27:31 PM PDT by demsux
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To: spectre
Funny how he couldn't find an expert to explain this to the jury.
524 posted on 08/06/2002 1:28:17 PM PDT by John Jamieson
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To: Eva
Eva, this entire CASE revolves on asking the jury to "imagine" the what-ifs.
525 posted on 08/06/2002 1:29:41 PM PDT by shezza
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To: shezza
"Why would someone who had been out late drinking get up early, no family, no friends, no toys, and go out to the desert by himself and travel 500 miles in 48 hours? He leaves the black SUV up there, but he's never done that. He didn't take the toys. THis was not a pleasure trip, this was business."
526 posted on 08/06/2002 1:31:02 PM PDT by shezza
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To: demsux
I will help type what is being said:
The defendant told us on tape this was a spontaneous trip to the dessert...except he has already asked Glenn ?? if he wanted to go RVing...asked his son if he wanted to go...He couldn't find anyone to go with him...get out of dodge before everyone wakes up...drive 500 miles in 48 hours..is that recreation...he takes no family, he takes no friends, he takes no toys...
527 posted on 08/06/2002 1:31:36 PM PDT by shatcher
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To: shezza
Saying that DW was contradicting himself by saying that trip was spontanous to LE but later says that he invited an associate that never got back to him. "Can't even keep his story straight", Dusak says.
528 posted on 08/06/2002 1:33:10 PM PDT by alexandria
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To: shezza
Showing chart of timeline of Saturday to jury. List of witnesses on left side...no one saw him in the neighborhood until about 8:30 am. Holly saw him at 8:00 picking up motorhome. Last siting of him around the house was about 9:15. Left the house in less than 2 hours, for a guy who usually spends a day getting ready. He was in a hurry. He needed to get out. Obviously he was in a hurry. Left his hose out in the yard. THis guy is not operating normally. Something is wrong.
529 posted on 08/06/2002 1:33:39 PM PDT by shezza
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To: shezza
The HOSE, the HOSE!
530 posted on 08/06/2002 1:33:43 PM PDT by John Jamieson
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To: shatcher
He called several of the neighbors to testify..why are they calling all of these people and their times seem to be off..there is a reason..I will summarize their reasons on this chart...no one saw him in the neighborhood until about 8:30 that morning..everyone is estimating..they see him around the house until about 9:15 or 10 o'clock. Only two hours, he was in a hurry. He needed to load up and get out. He was gone by 10:30 am.
531 posted on 08/06/2002 1:34:17 PM PDT by shatcher
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To: alexandria
Let's see... he wanted to go.... he asked people.... Neal had plans, Glen didn't get back to him.... so Friday he though maybe not.... Saturday he wakes up and says what the heck.... Maybe he mean where he was going was spur of the moment. He asked the others about the desert he went to the beach....

Ah to hear an unedited tape.
532 posted on 08/06/2002 1:35:28 PM PDT by Jaded
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To: shezza
Gets out to desert, doesn't have his wallet. Decides to go to the Strand. WHy not go by the house and pick up the wallet? Eventually arrives at the Strand (timeline: cellphone hits at 10:46 and 11:10). Don't you wonder, don't you really wonder if he went straight to the Strand, or did he go somewhere else first to take care of Danielle?
533 posted on 08/06/2002 1:36:02 PM PDT by shezza
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To: shezza
Gets there, sunny day, locks himself up tight as a drum. Why go down there if you're going to be inside the whole time? Ranger knocks on door, knocks on door, where is this guy?
534 posted on 08/06/2002 1:37:14 PM PDT by shezza
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To: shezza
One word..hangover.
535 posted on 08/06/2002 1:38:44 PM PDT by Jaded
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To: Jaded
Ah to hear the unedited VD portion of that eve. that DVD went missing.
536 posted on 08/06/2002 1:39:18 PM PDT by alexandria
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To: shezza
He's lying to them, he's lying to the cops, and he got caught by some inconsequential nobody who is just doing his job. He lied about the weather, he lied about the tv reception. May consider lies as circumstance pending consequence of guilt...the law coincides with common sense.
537 posted on 08/06/2002 1:39:24 PM PDT by shezza
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To: John Jamieson
The HOSE, the HOSE!

"Welcome, my guests, to Fantasy Island."

538 posted on 08/06/2002 1:39:34 PM PDT by dread78645
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To: shezza
His use of the English language is insulting. He sounds like he is making it all up as he goes along..He's killing time so Court TV won't carry it live. It's a done deal.

sw

539 posted on 08/06/2002 1:39:52 PM PDT by spectre
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To: shezza
A witness testified Westerfield pulled out his wallet.Dusek says, "he gets caught by some inconsequencial nobody."

Not a very nice thing to say about somebody.

540 posted on 08/06/2002 1:39:53 PM PDT by Spunky
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