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

[Lanza]

I bet Dusek didn't think the entomologist was corrupt when the prosecution used him on all their other cases.

[nycgal]

And Dusek implying she was raped, tortured and killed on the bed of the RV, as if he witnessed it himself, just had me moaning in disgust at the nerve of him

If DW had raped Danielle on his bed, there would have been more evidence than a hair or a couple of fibers. There would have been blood evidence on the mattress even though the sheets and comforters had been cleaned. After all, wasn't Danielle a 7 year old intact virgin?

[the Deejay]

I couldn't catch a some of what was being said, my kogo.com & realone player kept cutting out all day.

But the fact that Dusek made everyone feel a bit "nervous"
isn't unreasonable. I was a bit nervous because he kept implying that DW was Mr.Hyde for most of his life, and that was just pissing me off. I was feeling so sorry for DW, during all of Dusek's ranting, I could hardly stand it. In fact, I had to go do something in the kitchen. LOL

[nycgal]

I would want both the DW and VD bedrooms luminoled, just to be sure, if I were with LE. I still think that the Demon had some role in this.

[CAPPSMADNESS]

"Right, if suffocated, there wouldn't be any blood. None"

Not always true, it depends on the amount of petechiae hemmorage in the airway/lungs. Sometimes small amounts of blood is noticeable in suffocation victims and drowning victims.

[nycgal]

Sometimes small amounts of blood is noticeable in suffocation victims and drowning victims.

More than the one or two drops in evidence, I would think.

[the Deejay]

"After all, wasn't Danielle a 7 year old intact virgin?"

Well, with the parents she had.....Who really knows? I DO NOT TRUST DAMON! Not one iota.

Of course, if she had been raped, in the bed in the house or RV, floor, etc., there would have been heaps more evidence than a few hair strands, a few drops of blood. These would have been violent scenes. Saliva & body fluids would have been found everywhere.

[Spunky]

Maybe it would mean that the DA and police would have to go back to square one and start over..

From cases I have observed once the District Attorney has arrested someone for a crime they never change their position as to the guilt of the person. Even when a person has won an appeal. The media will interview the prosecuter and the prosecuter will always say, "I still believe he is the person who committed the crime."

[Lucky]

I couldn't stand to watch him either (or Nancy Grace) I just go by what everybody says here on the forum.

[the Deejay]

We had a high profile case here a few years ago that involved suffocation & there wasn't one drop of blood. The petechiae was there, but this person was found within a few hours.

I think the ME said, her heart & lungs were in normal condition. No signs of drowning. He did find congestion, but said that was "normal".

[Spunky]

They were also under subpoena and gag.

Are you saying that Westerfield's family were under subpoena and gag? If so, under subpoena for what?

[the Deejay]

"I still think that the Demon had some role in this."


So have I, from the beginning. A large number of people think so, too. We have a lot of company.

[nycgal]

Of course, if she had been raped, in the bed in the house or RV, floor, etc., there would have been heaps more evidence than a few hair strands, a few drops of blood. These would have been violent scenes. Saliva & body fluids would have been found everywhere.

I hope Feldman addresses this tomorrow.

[CAPPSMADNESS]

"Of course, if she had been raped, in the bed in the house or RV, floor, etc., there would have been heaps more evidence than a few hair strands, a few drops of blood. These would have been violent scenes. Saliva & body fluids would have been found everywhere."

This is exactly the point that me and a few others have been trying to make all along. And unless she was raped after death, I am almost certain that she would have fought violently with her attacker, much like the Runnion child did. She would have had DNA all over her and the perp would not have been able to hide the marks - Dannielle was pretty tall for being 7 years old. If she didn't fight back, there are ONLY 2 reasons for it:

1. She was dead

2. She was accustomed to being molested (if in fact she was - as no evidence has come forth yet to prove that theory)

[the Deejay]

Dusek was all set to use Faulkner until he found out his findings wouldn't fit Dusek's theory.

[Neenah]

When I saw Feldman start. It was over. The Jury had just put in a long day. Their mind had been worked all day, recalling all that this long trial has presented.

Then he gets up and inside of 3 minutes was hyperventalating, yelling, flailing his arms all over the place, was disjointed, accusitory, ......

If I were on that Jury, and saw that display, at that time of being spent with closing arguments, I would have been very agitated AT HIM...and it would be hard to consentrate on anything he said because of his antics. BEAM ME UP HAS NOTHING ON HIM !

I watched D. all day and he did paint a picture. He built on each point and you could follow it. He refreshed memory and blended it all together. Then Feldman came on...and in 10 minutes, I walked out of the room. But maybe that is just me. Whew!! That man is wired !!

[CAPPSMADNESS]

"We had a high profile case here a few years ago that involved suffocation & there wasn't one drop of blood. The petechiae was there, but this person was found within a few hours."

And that is normal also, but as I posted above small amounts of blood are SOMETIMES noticeable in suffocation/drowning victims - I did not say ALL. And the amounts of blood in these cases would be very small. Sometimes mixed in with the aspirated lung congestion and sometimes the hemmorage is high enough in the airway to cause small amounts of blood to be found in the nares or sinuses.

[the Deejay]

"She was accustomed to being molested."

As far as I'm concerned, this *was* the case. Usually, only the molester & the child know the *facts*.

[Spunky]

I bet Dusek didn't think the entomologist was corrupt when the prosecution used him on all their other cases.

Did you catch Forensic Files the other night? They were profiling a case in San Diago, a lady was picked up on El cajon road. Guess who was the prosecuter? (Dusek) Guess who was the bug expert? (Faulkner) Dusek had nothing but praise for the entomologist and how they can determine the TIME OF DEATH.

[Yeti]

I think Feldman is off to a somewhat rough start.

He did fine.

He had to pop several bubbles before the jurors left for the evening. His arguments will begin in earnest tomorrow. No sense starting things he can't finish as he pleases. He will go over everything more rigorously and build to a crescendo that will leave Dusek in such a context that anything he says will make him look more corrupt.

He almost played a trump today, but restrained himself. Expect him to scold Mudd on his response to a prosecution objection tomorrow. Mudd's red-faced moment of shame will break any spell of charm the judge has laid on the jury.

All of the objections and sunsatined/overruled has been very pro-forma and dispassionate. He has let Dusek condition Mudd to some pretty obvious bias.

Today, "THAT..IS FOR... with all respect, judge, that is for the JURY to decide." Expect an even more conspicuous reprimand. The jury will suddenly see Mudd for the first time.