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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
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The defense for David Westerfield, left, opted not to call a last forensic witness, clearing the way for closing arguments Tuesday morning. |
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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. |
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To: shezza
Whatever you believe to be the truth is what it is...not what defense tries to get you to believe, not what defense tells you. That obligation is yours.
(To Dusek)Nice chart,nice graphics, Counselor, but it sure doesn't prove your case.
701
posted on
08/06/2002 3:29:36 PM PDT
by
shezza
To: ~Kim4VRWC's~
Thanks.
702
posted on
08/06/2002 3:31:36 PM PDT
by
Lucky
To: Blue Screen of Death
YOU ARE THE WINNER OF THE VD THREAD 666 Contest...congrats....
Major ritual "sabbat" dates on the Occult/Witchcraft/Satanism calendar.
This date sticks out....February 2, 2002 Danielle Van Dam, Age 7
DATE: October 31 NAME: *SAMHAIN; ALL HALLOWS' EVE; HALLOWEEN; NOVEMBER EVE WITCHCRAFT: Rituals to contact the dead SATANISTS: Sexual and blood rituals with animal or humans & animal or human sacrifice DATE: December 21/22 NAME: YULE; WINTER SOLSTICE; WITCHCRAFT: Rituals celebrating the rebirth of the sun SATANISTS: Sexual rituals, animal or human
DATE: February 2 NAME: IMBOLIC; IMBOK; CANDLEMAS; OIMELE; LADY DAY; BRIGID DAY WITCHCRAFT: Sexual rituals; Celtic triple goddess Brigid honored. SATANISM: Sexual rituals, human
DATE: MARCH 20/21 NAME: Spring Equinox; Vernal Equinox WITCHCRAFT: This is a fertility sabbat. Pagans celebrate the coming of fertility of the earth; Sexual rituals celebrated by various groups. SATANISM: Orgies held; Animal or human sacrifices
DATE: April 30 NAME: *BELTANE; MAY EVE; ROODMAS DAY; WALPURGISNACHT WITCHCRAFT: Rituals focusing on the love between male & female. In fact, many pagan handcastings (weddings) take place at this sabbat. Rituals celebrating the fertility of the Mother Goddess (Earth) are carried out. SATANISTS: Blood rituals; Animal or human sacrifices
DATE: JUNE 21 NAME: SUMMER SOLSTICE; MIDSUMMER'S EVE; WITCHES: Bonfire rituals SATANISTS: Orgies; Animal or human sacrifices
DATE: AUGUST 1 NAME: LUGNASADH (Named for Celtic Solar god Lugh);LAMMAS DAY WITCHES: Harvest rituals SATANISTS: Animal or Human sacrifice
DATE: SEPTEMBER 21 to 23 (Date varies annually) NAME: AUTUMN EQUINOX WITCHES: Some covens have rituals reenacting Pluto or Hades (grim god of death) forcefully carrying of Persephone (young goddess of life) to the underworld. SATANISTS: Sexual orgies and or animal and human sacrifice.
To: shezza
The prosecution has the only burden of proof in this case, it is proof beyond a reasonable doubt. You might reach a point where the jurors say, "Well, we've agreed to disagree--we're hung." And the judge will tell you to go back and try to reach a verdict. But that doesn't mean you have to change your mind...it just gives you another chance to restate your opinion. Don't express or form any opinions. This is real.
704
posted on
08/06/2002 3:32:16 PM PDT
by
shezza
To: shezza
M(entioning Faulkner, was hired by the prosecution, depended on by the prosecution, the biggest opportunity of his life. But his report came out and they didn't want to use him any more.) YOu have to decide. It's your call. Not mine, not the judge's. The prosecution has the only burden of proof. It's your job to determine the credibility of witnesses.
705
posted on
08/06/2002 3:34:48 PM PDT
by
shezza
To: shezza
Credibility doesn't equal accuracy. A person who is being honest doesn't mean he or she is being accurate.
706
posted on
08/06/2002 3:35:49 PM PDT
by
shezza
To: FresnoDA
You are cursed. All of your children will grow up to be lawyers. Your wife will become the president of the Fresno area "Hillary for President" society. VI, VI, VI.
BSOD
To: shezza
Demeanor...were there tears where you expect there to be tears, was there laughter where you didn't expect it. Time and time again you have seen witnesses changing testimony over what was given to the officers. Friends of the Van Dams have a bias toward the Van Dams. Some of the law enforcement have a bias against Mr. Westerfield...you could see them scowl and glare at him.
Raymond--prosecution witness was impeached because he testified to a fact he didn't exist...impeached by homocide detective. If two witnesses contradict each other, you can disregard the entirety of that witness's testimony.
708
posted on
08/06/2002 3:38:58 PM PDT
by
shezza
To: UCANSEE2; connectthedots
I betcha dusek will do his final summation AFTER feldman. What say ye? I believe that also is the plan.
I may be wrong but I always thought the defense got the last word. In this case though I heard the judge say Duseck would go first with the summations then Feldman would do his summations and rebuff all together. Then Duseck would go again.
connectthedots, Am I wrong. Doesn't the defense usually go last?
709
posted on
08/06/2002 3:41:07 PM PDT
by
Spunky
To: shezza
Reasonable doubt: the prosecution has to prove its case beyond a reasonable doubt. The law says the defendent is presumed innocent. If jurors cannot feel an abiding conviction of the truth of the charge, they have reasonable doubt.
710
posted on
08/06/2002 3:41:36 PM PDT
by
shezza
To: Blue Screen of Death
You are cursed. All of your children will grow up to be lawyers. Your wife will become the president of the Fresno area "Hillary for President" society. VI, VI, VI.
BACK...BACK YOU BEAST.....
Bad Jackal....Bad Jackal........
FDA
To: Spunky
Prosecution *always* goes first & last. They have the burden of proof.
To: Spunky
Prosecution has to prove beyond a reasonable doubt and gets the last word if they want it, is my understanding. Nothing out of the norm for this trial.
To: Spunky
I think the state always has the last word.
714
posted on
08/06/2002 3:44:59 PM PDT
by
Krodg
To: Lucky
You're welcome
To: shezza
This is the first time I've tuned in to watch Feldman. He looks desperate and sounds nervous. I don't like his argument much either. Or his way of berating the jury. This attorney sux IMO. If I were on trial for my life, I'd want someone repping me who was calm, authoritative, and not so emotional.
To: Krodg
They have a choice if they want to finish last or not.
To: shezza
More likely than not, a hunch, convincing...all equal not guilty (Judge interrupted, "I will give you the law...this is argument, all perspective." Then let Feldman continue.)
718
posted on
08/06/2002 3:45:40 PM PDT
by
shezza
To: shezza
What is being played on sandiegochannel does not jive with Court TV's live feed. ????
719
posted on
08/06/2002 3:46:25 PM PDT
by
oremus
To: shezza
Going into special circumstances law...must assume innocence over guilt if two explanations are both reasonable.
720
posted on
08/06/2002 3:46:48 PM PDT
by
shezza
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