Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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


TOPICS:
KEYWORDS:
Navigation: use the links below to view more comments.
first previous 1-20 ... 761-780781-800801-820 ... 1,061-1,065 next last
To: Krodg
You caught that movie, too?? COOL!! Weren't you just about bowled over?

I thought the storyline was a bit drab though. It bordered on silly. And the acting was bad, even Dickenson & Crenna weren't acting at their best.
781 posted on 08/06/2002 4:29:10 PM PDT by the Deejay
[ Post Reply | Private Reply | To 769 | View Replies]

To: FresnoDA
Aw, gee, FRES, you don't AGREE with the biased reporters who are saying how FABULOUS Dusek was? Me neither.

I want Feldman to use Stealth Ninja Dave...Harry Potter Cloak...Ruby Red Slippers, anything to make that jury see how unreasonable it is to even THINK DW took Danielle.

Dusek doesn't CARE how Danielle was taken, she just was!

But Feldman cares, and we care, so bite me, Mr. Dusek. sw

782 posted on 08/06/2002 4:31:26 PM PDT by spectre
[ Post Reply | Private Reply | To 770 | View Replies]

To: sunshine state
From what I've seen,the porn found was on Westerfield's computer,and there wasn't all that much of it. I'm extremely IT challenged,and I tend to look at anything "found on the computer" with a slightly jaundiced eye. I'm morally certain that somewhere within a 10 block radius of my house lives a 15 year old hacker that can put anything on my computer that he wants to put there. That may be paranoid on my part,but that's the way that I view the subject.
783 posted on 08/06/2002 4:31:27 PM PDT by sawsalimb
[ Post Reply | Private Reply | To 749 | View Replies]

To: spectre
What did you mean by a 'brain dead moment'? Was Feldman 'brain dead' or was he showing how someone would react after reaching the second story of a dark house?
784 posted on 08/06/2002 4:32:16 PM PDT by Krodg
[ Post Reply | Private Reply | To 776 | View Replies]

To: John Jamieson
I think the jury appreciates listening to Feldman over Dusek. Who knows, maybe Feldman is acting disorganized on purpose. It seems to be humoring the jury.
785 posted on 08/06/2002 4:32:19 PM PDT by the Deejay
[ Post Reply | Private Reply | To 778 | View Replies]

To: Spunky
Prosecution gets to do rebuttal argument after the defense does its closing argument. However, the prosecutor can only address argument presented by the defense's closing argument.

BTW, I am not an attorney, but I know this stuff pretty well.
786 posted on 08/06/2002 4:32:45 PM PDT by connectthedots
[ Post Reply | Private Reply | To 709 | View Replies]

To: UCANSEE2
Well, IF the jury got an inference from the defense case that "Neal did it" (whether "it" is porn or anything to do with the abduction), then his indignation that they never meant to do so will cause a backlash, imo.

If they didn't get that inference then maybe they'll go along with his argument that they weren't trying to imply anything against Neal.

787 posted on 08/06/2002 4:33:09 PM PDT by cyncooper
[ Post Reply | Private Reply | To 780 | View Replies]

To: John Jamieson
The fly-fisher leads wih weak hand, and gets the trout to the hook, and then gets the hook in ... all a light hand until the end. Feldman's klutzy opening should have got the jury somewhat sympathetic to him, or at least paying attention to see what next thing he would rip, russle, or try to roll up.
788 posted on 08/06/2002 4:34:27 PM PDT by bvw
[ Post Reply | Private Reply | To 778 | View Replies]

To: sawsalimb
Are you familiar with creating folders in "My Documents"? And from there creating sub-folders and what steps it takes to put an item in your sub-folder?
789 posted on 08/06/2002 4:35:25 PM PDT by cyncooper
[ Post Reply | Private Reply | To 783 | View Replies]

To: Krodg
I don't know, Krodg. Maybe he was making a point. He was searching for the diagrams of the house, and got abit flustered...so they called it a day.

He has all of this evening to go over the closing argument of Dusek, and Rebutt what he rambled on about today.

Dusek tried the case again today...but FELDMAN is getting to the meat of the issue and introducing all the reasons why DW could not have done it, or why the Jury should NOT BELIEVE the evidence the DA has presented...this is most interesting...

FINALLY, Steven Feldman is able to talk about the questions and issues we have expressed on this forum for the past few months. Finally!

sw

790 posted on 08/06/2002 4:40:02 PM PDT by spectre
[ Post Reply | Private Reply | To 784 | View Replies]

To: sawsalimb
LOL, I don't think you're paranoid at all. Haven't we heard stories of kids hacking into Websites of businesses and wreaking all kinds of havoc?
791 posted on 08/06/2002 4:40:59 PM PDT by sunshine state
[ Post Reply | Private Reply | To 783 | View Replies]

To: cyncooper
Sorry, Cyn. Your third party inference, with IF's and's and But's has me totally confused.

There are these things:

(1) DW did it.

(2)Someone else did

(3)What Dusek says, what prosecution witnesses, evidence say

(4)What Feldman says, what defense witnesses, evidence say<(5)What the jury decides in the end.

The jury is instructed by the judge on how to follow the law in this case.

They are supposed to do their best to do so.

Opening and closing arguments are just that, ARGUMENTS (much like ours here on FR) and don't mean a thing. The lawyers can lie if they want. Basically when one lawyer says another lied during argument, it is like the pot calling the kettle black.

My reference is to the fact that I SAID DUSKED LIED, FELDMAN SAID DUSEK LIED. YOU SAID DUSEK DIDN'T.

end of story.

792 posted on 08/06/2002 4:41:38 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 787 | View Replies]

To: sawsalimb; All
Something you said clicked in my head ...

What kind of internet connection did DW have? Dialup, DSL, cable?
793 posted on 08/06/2002 4:42:48 PM PDT by fnord
[ Post Reply | Private Reply | To 783 | View Replies]

To: cyncooper
Not particularly-most of what I do on this thing is basic correspondence,and I just stick everything in "Documents",or put it on a floppy. So everything beyond the extremely basic stuff is lost on me,and when people start talking about sub-files and sub-sub-files,I usually go,"Who's on first?"
794 posted on 08/06/2002 4:43:17 PM PDT by sawsalimb
[ Post Reply | Private Reply | To 789 | View Replies]

To: spectre; Krodg
The braindead remark by Feldman was when he started talking about how DAMON turned off the lights and closed the blinds.

Feldman couldn't come up with the word BLINDS, so he joked with the Court that he was BRAINDEAD or a similar word.

He started to talk again, started to look for something, then asked the COURT if it was TIME FOR RECESS.

Feldman wanted to stop before he got in deeper in his arguments. I.E. Don't start the build to a climax if you have to squeeze off in the middle.

795 posted on 08/06/2002 4:45:29 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 790 | View Replies]

To: UCANSEE2
The morons on CTV are talking about how rattled Feldman was and how something was wrong. One talking head actually said he was probaly stunned by how powerful dusek's summation was. LOL These morons will say anything.
796 posted on 08/06/2002 4:47:04 PM PDT by winodog
[ Post Reply | Private Reply | To 792 | View Replies]

To: spectre
I wasn't questioning you,I just wanted your take on it. I caught a little of Duesk on TV today but didn't get to see Feldman. Freepers always do a good job of keeping us informed. Thanks
797 posted on 08/06/2002 4:47:07 PM PDT by Krodg
[ Post Reply | Private Reply | To 790 | View Replies]

To: UCANSEE2
"FELDMAN SAID DUSEK LIED."

So did I, a few times during his so-called closing argument.
798 posted on 08/06/2002 4:48:47 PM PDT by the Deejay
[ Post Reply | Private Reply | To 792 | View Replies]

To: John Jamieson
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.

I can agree with that. He admitted to COURT that he probably had 'a little high blood pressure' going, that he was not approaching things chronologically as intended. He assured the COURT that he would be BETTER TOMORROW.

He got in a lot of good points. He even said, 'this is out of order, but IT IS IMPORTANT SO I WILL TELL YOU NOW'.

Good way to STICK something in their head, then he can reassert it tomorrow in proper sequence.

799 posted on 08/06/2002 4:49:26 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 778 | View Replies]

To: UCANSEE2
That's fine. Everyone will be FRESH in the morning, and Feldman will practically start all over again..tee-hee.

Bye guys..it's almost over and we can all get on with our normal lives. Hope Westerfield can get on with his too.

Tomorrow..sw

800 posted on 08/06/2002 4:49:48 PM PDT by spectre
[ Post Reply | Private Reply | To 795 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 761-780781-800801-820 ... 1,061-1,065 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson