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

[shezza]

Blue fibers in front of motorhome, on couch, on seats, whatever that item was that was leaving fibers on her body was also in that motorhome.

And now we go to the rear of the motorhome, where you folks stood and saw what you saw. Did you realize where the blood was on the floor? YOu had to walk right over it to get to the sink, where her hair was. We've got her fingerprint by the bed. We've got her blood in the hallway. We've got Layla's hair in the same spot. Also on the mat in the bathroom. We've got Van Dam carpet on the mat in the hallway and back by the bed. We've got Danielle's hair scattered throughout the rear of that motorhome, in the hallway, on the bathmat.

What was he doing? Was he cleaning her up? Getting rid of the DNA, the evidence that would incriminate him? Something happened there, and something happened in that bed. YOu've got blue fibers on the headboard. What does that tell you?

[shezza]

Horrible. That's what he did. We know all of this was not transferred (words spit out with venom).

[Lucky]

Were there really orange fibers in the SUV? I thought there was nothing in the SUV.

[shezza]

That's why he got out of town, that's why he took that horrible drive, 500 miles in 48 hours, that's what the evidence means in this case.

[MagnoliaMS]

Glad you said that, I had already turned off the TV. Do you think they'll stay in for Feldman? (/sarcasm)

[Blue Screen of Death]

IF DW does not get convicted, I hope he sues CTV, and Grace/Karris personally.

Even if he gets convicted he should sue these two, especially Graceless. Bet she would really be upset to finance his appeal.

[shezza]

There have been moments of levity in the courtroom....that time is over. It's now the time to focus on Danielle Van Dam, and what he did to her that weekend. Every bit of evidence tells us what we don't want to hear, that a 50-year-old man two doors down killed a 7-year-old child. But he did.

[shezza]

Uh oh, you got six-six-sixed!

[shezza]

She bled, she left her fingerprints, she left her hair....We'll never know, and it's probably best that we don't, whether she screamed out like those girls in the video. To make matters worse, if that wasn't bad enough, he tried to get rid of all the evidence, clean up the motorhome, clean up his clothes, get rid of his clothes, lose the boots, hide the orange-and-blue object, frame your son. He is guilty of these crimes, of this ultimate evil...he is guilty to the core.

[oremus]

Anyone listening to KFMB "live" online? I just switched on the TV and what Dusek was discussing live was different than what was being discussed on KFMB...so KFMB is not live??? Darn! Anyone know, or can you give me a live audio link please?

(Something's wrong with my TV - after a couple minutes CTV turns into snow!)

[shezza]

Break, then Feldman will set up for his arguments.

[Freedom2specul8]

"...AWWHHH shucks, I wanted to see PROFILER! "

:)..are they going to let us watch feldman after hours too?

[shezza]

I'm listening to www.thesandiegochannel.com

[Freedom2specul8]

Blue's name is frightful enough, but now he has 666 attached to it!! SPOOKY!!!

[Henrietta]

Orange fibers in the rear seat in the SUV. In the passenger seat of the SUV. More matches. THat's how he took her from the house to the RV.

Isn't this a lie? I heard that there were no fibers found in the SUV.

[Freedom2specul8]

reminds me of my horrible 486dx 2/50 computer days.. SHUDDER!

[oremus]

Thanks! I'll try that. ;-)

[shezza]

See post #658

[CAPPSMADNESS]

"It is in the Bible. How the multitudes will be FOOLED by the power of EVIL. How they will WORSHIP it. Well, maybe the things in the Bible that were around the corner, but we didn't know when they would ever arrive, Maybe, just maybe the CORNER HAS BEEN TURNED"

Amen my friend, couldn't have said it better myself!

[shezza]

I wish Rheo were here. She'd be slicin' and dicin' Dusek's closing arguments like nobody's business. I'm in constant awe of how much knowledge about this case and testimony she has stored in that cranium.