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

[the Deejay]

Oh yes, reporters have said, "Feldman is always coiled."
Also, I think he was very angry at what Dusek had been
saying all day. A LOT OF US WERE. Come on, DW IS NOT MR. HYDE, of DR. Jekell & Mr. Hyde.

[cyncooper]

She would have had DNA all over her

Regarding this particular point, not by the time she was found. They couldn't even extract her own blood from within her veins. Any DNA left from the perp would have degenerated from the exposure to the elements.

Re: the blood drops. She was missing some teeth (not teeth that were already missing when she was taken) so that would be one possible source.

[the Deejay]

Every person that Dusek successfully prosecuted using an entomologist, should have their attorneys filing papers, as someone posted today, there's close to a few hundred.

[cyncooper]

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.

Or the jury would be disgusted with Feldman for trying to pull a stunt like that.

[crystalk]

That is just another way of saying we have entered the final generation.

[Greg Weston]

Feldman did as well as he could with a client that is guilty as hell. He won't even touch the DNA.

[Greg Weston]

Westerfield tried to clean stuff up. Good thing he wasn't 100% succesful.

[CAPPSMADNESS]

"Any DNA left from the perp would have degenerated from the exposure to the elements."

Do you know what the lifespan of human DNA is? Do you know how weather conditions affect it? If DNA degenerates so badly, how were they able to run DNA on a single hair shaft found in a sink trap? Wouldn't the wet climate of the trap degenerate the follicle?

How were they able to run DNA on 2 minute blood drops that had been in the MH for over a week or so? DNA is not as fragile as we would like to believe.

The Boston Strangler case should be a lesson on how durable DNA is. DNA from the murderer was collected from the decomposed, exhumed corpse of one of the victims some 30 years later - and it didn't match the man convicted of the crime......go figure.....

And do you think it would take a little, or a lot of effort to lose 4 teeth? Do you think that 2 drops is sufficient blood loss for tooth extraction?

[Greg Weston]

>>>Bugs and their infestations cannot lie,<<<

But they can be very subjective and easily "skewed".

[CAPPSMADNESS]

"They couldn't even extract her own blood from within her veins"

They couldn't extract blood from here veins because putrification had already advanced to the point where her body fluids had already pooled and seeped from her body.

[the Deejay]

"But they can be very subjective and easily "skewed"."

Oh.....I see, you're an *expert* on this I suppose? hmmmm?

[Yeti]

Well, if that's true, and the call could have exonerated DW, then why wasn't it allowed to be discussed in court?

No kidding!

What happenned to Mudd's "search for the truth?" I guess it's a search for "some expedient truth-like notions."

[Greg Weston]

>>>As far as I'm concerned, this *was* the case.<<<

Are you a psychic?

[cyncooper]

If DNA degenerates so badly, how were they able to run DNA on a single hair shaft found in a sink trap?

Well, the hair in the sink was found a lot sooner than her body. Yes, I think her exposure to the elements severely hampered the recovery of possible DNA from the perp. I am not stating such DNA was present.

As to the teeth, I was pointing it out as a possible source for the drops of blood. Perhaps (mere speculation) the orange and/or blue item(s) had more blood on it/them. That is something we will probably never know.

[185JHP]

One of the best ways to tell that you're dealing with a hardcore leftist is their dishonesty - they are utterly shameless about "ends justify the shabby means." I'm glad that sow is no longer a prosecutor - she makes the Greta seem like the soul of probity and wit.

[CAPPSMADNESS]

"But they can be very subjective and easily "skewed"."

And only testified truthfully to by Goff the human abacus.... LOL!

[Greg Weston]

No I'm agreeing with bug man Faulkner. Is he "expert" enough for you?

[crystalk]

Even if DW had some guilt in this matter, it is hardly Murder One, with malice aforethought, and careful and cunning planning to kill Danielle. Far less still with the special heinous circumstances required for death penalty.

Prosecution has not shown that ANYONE, much less DW, wished the death of Danielle. The smashing out of the teeth is beyond belief for DW to have done.

Even if DW had some guilt in the matter, someone ELSE would have had to dispose of the body on Dehesa Rd on Feb 15/16 night. Virtually impossible it was there before that.

Better acquit and let the prosecutors look at Damon and other possible perps, including accidental death scenarios, and also possible other disposers of the body in DW scenarios.

More search for direct witnesses and evidence.

BTW, IMHO it is impossible that Danielle was extracted from her home by force or grabbing. She was already out in a public place when taken, be that on Friday or Saturday. If anything happened INSIDE her home, Damon did it. QED.

[Yeti]

He was all over the place with his closing argument. Very disorganized indeed.

I thought he was very Al Pacino. He wasn't that lucid, but he didn't really have time, so just left the jury with some stuff to think about.

[dread78645]

I have seen a lot of big parties in my life but the dunes on a three day weekend puts most everything else to shame.

Infield on a NASCAR weekend is the top, The dunes is a close runner-up. (Of course that was back when I did those things. Ahemm)