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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: oremus
Court TV is usually a few minutes ahead.
721 posted on 08/06/2002 3:47:17 PM PDT by shezza
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To: shezza
What is being played on sandiegochannel does not JIVE with the live feed on CTV. ?????
722 posted on 08/06/2002 3:48:02 PM PDT by oremus
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To: shezza
There is NO direct evidence in this case, none. There is only circumstantial evidence, evidence from which you must draw inference.
723 posted on 08/06/2002 3:48:12 PM PDT by shezza
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To: shezza
Was the prosecutor better after the lunch break? I didn't catch it.
724 posted on 08/06/2002 3:49:04 PM PDT by Shermy
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To: shezza
If they decide a certain interpretation of evidence is reasonable, they cannot weigh which interpretation is "more reasonable"--they MUST assume the interpretation which points toward Not Guilty.
725 posted on 08/06/2002 3:49:58 PM PDT by shezza
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To: shezza
Raymond--prosecution witness was impeached because he testified to a fact he didn't exist...impeached by homocide detective

What was that all about? I missed what happened in the testimony.

726 posted on 08/06/2002 3:51:23 PM PDT by Spunky
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To: ~Kim4VRWC's~
You're right. Duesk could just shut up now, but since it is his choice whether to speak or not, we'll probably have to listen to him. Isn't that what you were saying earlier (with different words, to be sure.) LOL
727 posted on 08/06/2002 3:52:24 PM PDT by Krodg
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To: shezza
The brain operates on physiology...memory gets worse with the passage of time.
728 posted on 08/06/2002 3:53:15 PM PDT by shezza
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To: Lucky
They conveniently weren't remembered until the week of July 2nd.
729 posted on 08/06/2002 3:53:17 PM PDT by Jaded
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To: shezza
This, from where we sit, is tough. I'm worried about the media's effect on you. About the O.J. Simpson verdict, and how many of you feel that wasn't right. It's intimidating to have to look at these folks.
730 posted on 08/06/2002 3:54:28 PM PDT by shezza
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To: shezza
What? Dusek objected! "Improper, Your Honor."
731 posted on 08/06/2002 3:54:51 PM PDT by shezza
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To: shezza
over ruled!
732 posted on 08/06/2002 3:55:09 PM PDT by It's me
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To: Blue Screen of Death
You are the winner of the 666 post.

Congratulations!!

733 posted on 08/06/2002 3:55:46 PM PDT by Jaded
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To: shezza
Guidelines to consider as he goes through the argument -- access at Van Dam residence...timeline...motorhome...physical evidence...neighborhood....and what actually happened.
734 posted on 08/06/2002 3:57:03 PM PDT by shezza
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To: shezza
Feldy just said something I TOTALLY disagree with; "We don't blame the parents." I think had swinging sex/drugs etc..had not been done in their home while their children were there and maybe had they checked on their children when alarm lights were blinking and doors were found open Danielle would still be here.
735 posted on 08/06/2002 4:01:10 PM PDT by Lanza
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To: shezza
DUSEK objected again. Objected to facts not in evidence.

Mudd overruled. GOOD FOR HIM!.

Dusek got to bring in facts not in evidence, and lie.

He just doesn't like it when Feldman does it too.

To me, the fact the DUSEK would even object during any closing argument (he is experienced, right?) means he really is worried.

736 posted on 08/06/2002 4:01:23 PM PDT by UCANSEE2
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To: All
Does anyone else think it's too coincidental that of all the little girls in the neighborhood, it was the daughter of the *known* swingers/drinkers/dopers that was kidnapped?

Also, as far as we know, there have been no other incidents or close calls with any of the other kids in the area?
737 posted on 08/06/2002 4:01:31 PM PDT by the Deejay
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To: All
Feldman showing a new board listing all the evidence that Prosecution has.

IT'S BLANK!

738 posted on 08/06/2002 4:02:23 PM PDT by UCANSEE2
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To: shezza
"I pose to you this question...This is not the first time Brenda Van DAm has gone to the bar" OBJECTION, YOUR HONOR...

Overruled, Dusek.

"You needed to know about the third Party issue...someone was in that residence, that was NOT David Westerfield"...YOU GO, FELDMAN!

739 posted on 08/06/2002 4:02:33 PM PDT by spectre
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To: UCANSEE2
Good use of visuals.
740 posted on 08/06/2002 4:02:41 PM PDT by UCANSEE2
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