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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: UCANSEE2
ONe time a witness used the word match, then on cross, said isn't that COULD and COULD NOT have come from common source?

YES.

761 posted on 08/06/2002 4:16:29 PM PDT by UCANSEE2
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To: UCANSEE2
Feldman admits he is chronologically out of order, says he will be better tomorrow.

Talks about porn, fibers, all grabbing at straws.

762 posted on 08/06/2002 4:17:26 PM PDT by UCANSEE2
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To: Lanza
"Feldy is finally fingering Damon. COOL!!!"

Good for him. I've always thought (since the prelim) this was an inside job & Damon is my first suspect.

763 posted on 08/06/2002 4:18:18 PM PDT by the Deejay
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To: UCANSEE2
Stating DEFENSE never said Neal downloaded the alledged illegal porn.
764 posted on 08/06/2002 4:18:40 PM PDT by UCANSEE2
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To: bvw
Feldman is doing beautifully. He's showing that Damon and Brenda LIED, so they must throw out the evidence.

Fiber experts cannot AGREE on a common source. Could have or could NOT have come from a common source...They are speculating.

Throwing out pornography and pictures as a motive...but the speculation coming from counsel concerning those photographs is outrageous.

Nothing wrong with looking at big breasted women pictures.

He apologizes for being out of sequence.

Never ONCE did the defense suggest to you that Neal had anything to do with the disappearance of Danielle!

765 posted on 08/06/2002 4:19:01 PM PDT by spectre
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To: UCANSEE2
Talking about prosecution disgracing Neal. Defense didn't do it. Defense didn't blame Neal. Prosecution claims defense did, but Prosecution is the one that did it.
766 posted on 08/06/2002 4:21:05 PM PDT by UCANSEE2
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To: UCANSEE2
DUSEK just joined the BIG FAT LIAR CLUB.
767 posted on 08/06/2002 4:21:35 PM PDT by UCANSEE2
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To: UCANSEE2
talking about Damon open blinds in pitch black room.

No way someone not familiar with house could have snuck into dark room.

Feldman going over SUPER NINJA DAVE THEORY !!!!

768 posted on 08/06/2002 4:23:10 PM PDT by UCANSEE2
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To: the Deejay
I caught that too.
769 posted on 08/06/2002 4:23:22 PM PDT by Krodg
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To: spectre
Spec....DUSEX was worse than I imagined he would be...he is like Al Gore on uppers....YUCK...
770 posted on 08/06/2002 4:23:27 PM PDT by FresnoDA
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To: UCANSEE2
DUSEK just joined the BIG FAT LIAR CLUB.

I disagree.

My observation is the Westerfield supporters here took the cue from defense (that he's now denying) and ran with the Neal was lying and does Neal have an alibi line.

771 posted on 08/06/2002 4:24:16 PM PDT by cyncooper
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To: UCANSEE2
He used the word stealth He almost said stealth ninga dave I bet.
772 posted on 08/06/2002 4:25:17 PM PDT by winodog
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To: UCANSEE2
Prosecution's theory (SND THEORY) is that DW came in through locked door, left no prints. Dog didn't notice.

Into totally dark room, walked up staircase. Looks down hallway.

Feldman putting up display.

Time for recess.

Done for the day.

773 posted on 08/06/2002 4:25:48 PM PDT by UCANSEE2
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To: Lanza
Feldy is finally fingering Damon. COOL!!!

Help! What did he say? CTV went to a break at that time.

774 posted on 08/06/2002 4:26:02 PM PDT by Spunky
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To: winodog; Jaded
He used the word stealth He almost said stealth ninga dave I bet.

On this we agree.

775 posted on 08/06/2002 4:26:21 PM PDT by cyncooper
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To: All
If Duseks theory is accurate, then Damon opened Danielle's blinds so that the moonlight comes in.

LE tells the VD's that no stranger is could have come in and abducted Danielle, who was NOT familiar with the house...The dog was not the little puppy the DA wants us to think.

He's showing the exhibit boards...how the house is laid out. He walks up the stair-case, looks down the hall-way, (Feldman has a brain dead moment)...so we recess for the day...Thank God.

776 posted on 08/06/2002 4:26:39 PM PDT by spectre
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To: MagnoliaMS; Jaded
My eyes have really been opened too. There was case here in Florida where a man was convicted (I believe of rape) and sent to prison. He served a good bit of time, before finally being cleared by DNA evidence. Unfortunately, the poor man got AIDS while in prison (I think we can all figure out how), and basically got out to die. It is so frightening to me that innocent people can end up in prison.
777 posted on 08/06/2002 4:28:04 PM PDT by sunshine state
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To: UCANSEE2
I think Feldman is off to a somewhat rough start. Too much paper shuffling. He'll be freash tomorrow. He made some excellant points, but too disorganized.
778 posted on 08/06/2002 4:28:36 PM PDT by John Jamieson
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To: Spunky
Notice that CTV starts with a "CT". (Does everyone get that? -- I'm not spelling it out.)
779 posted on 08/06/2002 4:28:42 PM PDT by bvw
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To: cyncooper
My observation is the Westerfield supporters here took the cue from defense (that he's now denying) and ran with the Neal was lying and does Neal have an alibi line.

I understand. Problem is Feldman is the one that said DUSEK lied to the jury.

How does my or your observation change that?

780 posted on 08/06/2002 4:29:00 PM PDT by UCANSEE2
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