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

[UCANSEE2]

In writing, you make a statement and provide supporting information. You stick to the subject and then come to a conclusion.

IMO, Dusek is wandering all over the place, going over mute details that really prove nothing, but are just emotional sensationalism.

Here he goes again, EVER BEEN IN THE VD HOME. NEVER BEEN INVITED. THAT'S SCARY.

Someone throw DUSEK a lifesaver. He's drowning.

OTOH, the jury may be swayed by emotional appeal and nonsense.

[shezza]

Now let's get to the guts of the case, the physical evidence, and what it means, and what it tells us. Boards to display.

(You mean all that was just introduction??????)

[UCANSEE2]

Dusek says, He had a new one to put on , the old one.

He isn't able to keep his information straight.

[UCANSEE2]

Dusek says, He had a new one to put on , the old one.

He isn't able to keep his information straight.

[winodog]

Yes I go to the dunes and it is one of the biggest parties I have ever seen. people running amuk on quads and dirt bikes and sand rails all night long.
Girls everywhere, bands playing on flat bed trailers, fires burning everywhere, drinking and dancing, girls on flatbed dancing and flashing. Great place to meet people and make new friends.
Everyone is in a great mood and willing to talk about anything.
When you come back sand is everywhere in your trailer and in your ears. Everything needs a bath.
I go to the strand too but it is nowhere near the party the dunes are.But the girls wear less at the strand then they do at the dunes.
I have seen a lot of big parties in my life but the dunes on a three day weekend puts most everything else to shame.

[shezza]

I'll bet he's a riot 'round the campfire telling ghost stories.

[winodog]

Absolutely!!! Especially if you dont make a habit of it and this is a once in awhile "feeling". Those are the ones I usually win on and I seldom bet.

[Henrietta]

I think that maybe he was going to cancel it because he couldn't find anyone to go, then changed his mind.

I bet he wishes he had cancelled it now, poor soul!

[shezza]

ooooooooh they didn't find his mystical black boots.

Dusek: He had brown ones, but nobody ever found the black ones. What happened to them? Is he the kind of guy to wear brown cowboy boots with a black outfit? Come on...

[shezza]

Can't find the source for the blue and gray and orange fibers. Where are they?

[sawsalimb]

I haven't been following this case until the last couple of days,so I claim no expertise or familiarity. Having said that,and having looked at the prosecution's case(glanced at,I should say,since I haven't done any sort of in-depth research or analysis),my question is this:

is that prosecutor possibly trying for a hung jury and a retrial,instead of taking a chance on acquittal? From here,it looks like "reasonable doubt" is trowelled all over the case against Westerfield.

[shezza]

It's a misconception that people always leave prints. We learned in this case that that's not always true. We know that because the folks at Dad's came back to the home, but they couldn't find any prints there.

[UCANSEE2]

PING))))))))))))))))))))))))))))

Come one,Come all, enjoy DUSEK's final moments. Lasts until 4pm Pacific Coast time!!!!!!!!!!

[shezza]

In the defendent's own motorhome they couldn't find his prints.

[shezza]

In Danielle's bedroom they couldn't find a good set from her.

[Jaded]

Yes there is more than enough reasonable doubt to go around. Feldman's not even had his shot at the closing.

There was so much evidence that was not tested because it didn't point directly to David Westerfield. And the unID'ed prints too.

The thing that is the most scary is if they do this in such a high profile case, what happens to those that don't hit the radar? Have we all been blind about what the justice system has become?

[Blue Screen of Death]

It's a misconception that people always leave prints.

Dusek is trying to use a lack of evidence (fingerprints) to prove a point. You don't prove negatives.

[spectre]

Well, according to one Defense Attorney on CTV, he thinks Feldman will WANT to immediately follow DUSEK.

I think the Jury should raise their hands and tell the Judge..."wanna go home now..butt hurts"..

I know mine does..

sw

[UCANSEE2]

Thank you for being honest about your experience with this case. It helps in answering your questions.

is that prosecutor possibly trying for a hung jury and a retrial,instead of taking a chance on acquittal? From here,it looks like "reasonable doubt" is trowelled all over the case against Westerfield.

It looks like reasonable doubt to many of us.

As to what DUSEK is trying to do, we think he is just trying to bore the jury to death.

We think he is trying to make a case out of thin air.

We think there are about 250,000 reasons for a MISTRIAL.

I think DUSEK is trying to do his best to emotional sway the jury toward his side, because he started with a weak, unprovable case.

What the JURY will actually do is anyone's guess.

We are in closing arguments.

If you want a link to LIVE VIDEO or AUDIO of the trial, just ask, WE will provide it.

[Freedom2specul8]

So..........do you think dusek will give his final final argument AFTER feldman? Me thinks so....