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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: Jaded
"How many times can 1 man dump a body?"

Yeah, I think Dusek has him dumping the body at least 3 times. Dusek is really losing it. He's all over the place & the jury must be completely lost.

581 posted on 08/06/2002 2:09:57 PM PDT by the Deejay
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To: connectthedots; All
Does anyone think that Feldman will follow this dog and pony show today?

The Defense deserves a fresh Jury tomorrow.

Is Dusek gonna go into the funeral and memorial services? That should buy us some time.

sw

582 posted on 08/06/2002 2:10:40 PM PDT by spectre
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To: Jaded
You don't know and we don't know when dusek checked out the cd's..
583 posted on 08/06/2002 2:10:48 PM PDT by Freedom2specul8
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To: Jaded
Not only that but the fact that bug activity would have started much earlier or should I say differant bugs would be in evidence if he were to have dumped body as Dusak says.

If the bugs don't fit you must acquit.
584 posted on 08/06/2002 2:10:53 PM PDT by alexandria
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To: Eva
Eva, babe, I'm just typing what Dusek is saying (transcribing the closing arguments). I'm on your side! And yes, that's exactly what I've thought, that he used driving as a means of thinking...about Susan and the breakup, whatever. I think he didn't really want to be alone (witness asking other people to go with him), but just because the others didn't want to go didn't keep him from going on his planned camping trip.
585 posted on 08/06/2002 2:11:07 PM PDT by shezza
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To: alexandria
If the bugs don't fit you must acquit.

Since the case is shi+, you must acquit.

HTH.

586 posted on 08/06/2002 2:13:27 PM PDT by dread78645
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To: shezza; Eva
I think that maybe he was going to cancel it because he couldn't find anyone to go, then changed his mind.
587 posted on 08/06/2002 2:14:02 PM PDT by Jaded
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To: shatcher
Didnt his girlfriend recently break up with him? I was under the impression that he has always had someone go with him.
But this time his son could not go, his girlfriend would not, the friend he asked to go could not go.
So he decides to go by himself for the first time. He is probaly depressed and bummed out about his life, maybe he is considering quitting drinking because he might be a alky but does not want to admit he has a problem and go to AA.That is a severe life change.
I dunno if he had something to do Danilles murder but many of the things they say make him out to be a child murderer are things I have done. Maybe thats why I have been a little more interested in this case then normal.
I have a travel trailor,a boat, quads and I go to Dumont which is Vegas Glammis. I go places by myself. Many times my son goes or I meet friends. I have probaly used the word we to describe a trip when I went by myself.
More then one neighborhood kid has probaly been in my trailer without my knowing it.
I cant say for sure he did not have anything to with the murder but all my instincts tell me something is "wrong" with DVD.
588 posted on 08/06/2002 2:14:36 PM PDT by winodog
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To: dread78645
Yep. LOL
589 posted on 08/06/2002 2:14:39 PM PDT by Jaded
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To: dread78645
LOL. LMAO!!
590 posted on 08/06/2002 2:15:27 PM PDT by MagnoliaMS
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To: shezza
Also evidence of relationship thoughts the cleaning up activity. It is well known that after breaking up in a relationship usually causes one to reorganize their surroundings and kind of spring clean to try to start fresh.
591 posted on 08/06/2002 2:15:36 PM PDT by alexandria
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To: winodog
So you're a duner too? Dusek would like about his mother for a conviction, IMO.
592 posted on 08/06/2002 2:16:01 PM PDT by Jaded
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To: winodog
"all my instincts tell me something is "wrong" with DVD"

All my instincts say Beetlejuice in the sixth at Pimlico. Should I bet?

593 posted on 08/06/2002 2:16:15 PM PDT by bvw
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To: dread78645
Bad dread!! Bad...BWAHAHAHAH!

sw

594 posted on 08/06/2002 2:17:10 PM PDT by spectre
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To: dread78645
Since the case is shi+, you must acquit.

AHHEMM! Well yes that also! :o)

595 posted on 08/06/2002 2:18:06 PM PDT by alexandria
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To: All
Dusek planning to blab on and on until 4pm Pacific time.
596 posted on 08/06/2002 2:18:17 PM PDT by UCANSEE2
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To: UCANSEE2
He wants to be the cause of bad dreams. Well, logic and commonsense work better overnight than does fearmongering, so Dusek's log-yard of arguments today will be a small box of toothpicks in the jury's minds manana en la manana.
597 posted on 08/06/2002 2:22:00 PM PDT by bvw
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To: UCANSEE2
Yep. Exactly.
598 posted on 08/06/2002 2:22:18 PM PDT by MagnoliaMS
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To: UCANSEE2
Transfer theory (makes raspberry sound). We're done. He doesn't even recognize Damon, that's how little he's seen them. He took three showers while he was out in the desert. That would cause a whole lot of problems with transferrence of evidence. Said he danced with "the little one" (Duh-knees) at Dad's. Said he didn't remember the trip home. (Man, he is all over the place with this!)
599 posted on 08/06/2002 2:22:21 PM PDT by shezza
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To: shezza
Said "we" when talking about mh in Borrego. He slipped.
600 posted on 08/06/2002 2:22:45 PM PDT by shezza
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