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

[rolling_stone]

Would it be colder than the night or warmer at sunrise ? BTW, frost = frozen water.

Dew tell me

http://www.shorstmeyer.com/wxfaqs/frost/frost.html
http://newton.dep.anl.gov/askasci/wea00/wea00039.htm

[Steve0113]

Insisting on a fair trial for any accused person is a good thing to do, regardless of some peoples' jump to conclusions.

CNN doesn't think so. I heard an ad on the radio this morning announcing some program that Connie Chung is going to do about this case. The blurb included this: "... as the trial of her killer nears an end."

CNN sucks.

[Lauratealeaf]

I heaard Nancy Grace make that statement. She is thoroughly repulsive today. My nephew noticed that she has a bald spot on her head.

[bvw]

That can be especially true on a golf course, I would think, where the grass blades are very exposed, the turf acts as an insulator from ground temp and the greens are raised. So you would have a frosted green and yet temps only just came near but not quite to 32 degF for a short while over the evening. And in the same locale in the rough -- or a brush covered valley like where the body was, the near-surface temp may never have gotten below 35 degF to name a reasonable number -- the depression and the brush would keep the ground heat in.

[Jaded]

If anybody wants to join me in praying for the jury during deliberations, I'm going to set aside some time every day. The two or more gathered together principle, don't ya know.

I'm thinking the jury deliberations, since they're not going to be sequestered, may begin daily around 9:00 Pacific Time, which would be 10 am Mountain, 11 am Central, and noon Eastern time. So that's when I'll be praying. Noon my time. You are all welcome to join me. -- Shezza

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The Prayer

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Lord, grant these twelve jurors great wisdom to understand all the testimony they have heard over the past two months, and the clarity of mind to separate the wheat from the chaff.

Give them strength to endure, and fill them with a sense of honor and integrity, and the desire to do what is right.

May You shine the light of truth into the darkness of their confusion, that the jurors will discern honesty from those who bear false witness against their neighbor.

Although You say "Justice is Mine," may You see fit to allow justice for Danielle here on this earth, that her death may not lead to the death of other innocents.

We pray that truth will prevail, and that the sword of justice will weigh heavily on those who would use it falsely to bring glory to themselves.

May Your will be done, in Jesus name.

Amen.



Pray for strength and guidance for all of the friends and families involved in this ordeal.

[VRWC_minion]

From your link

What is important is not what the temperature was at the thermometer but what the temperature was where the frost formed, and if frost formed the local temperature was below freezing.

[shezza]

For the Ping List and anyone else who wants to join us in praying for the jury:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lord, grant these twelve jurors great wisdom to understand all the testimony they have heard over the past two months, and the clarity of mind to separate the wheat from the chaff.

Give them strength to endure, and fill them with a sense of honor and integrity, and the desire to do what is right.

May You shine the light of truth into the darkness of their confusion, that the jurors will discern honesty from those who bear false witness against their neighbor.

Although You say "Justice is Mine," may You see fit to allow justice for Danielle here on this earth, that her death may not lead to the death of other innocents.

We pray that truth will prevail, and that the sword of justice will weigh heavily on those who would use it falsely to bring glory to themselves.

May Your will be done, in Jesus name.

Amen.

[VRWC_minion]

Amen

[shezza]

Whoops, sorry! We posted past each other. (Actually, I was a little slow.) Anyway, thanks to all who are participating. We now continued with your regularly scheduled programming.

[VRWC_minion]

More from there,(Interesting that the bug guys don't take this in consideration. I wonder if the effect is even greater in the desert ? )

A thermometer indicates the temperature where the thermometer is, usually a few feet above the ground. Because cold air sinks relative to warmer air and because the ground can cool very quickly the temperature at ground level can be cooler than a few feet higher where the thermometer is, eventhough the thermometer indicates a temperature that is above freezing, it can easily be below freezing a few feet lower.

[Steve0113]

Amen.

[Lauratealeaf]

I pray that the jurors use their God-given reason and that they will have courage to acquit. I do not believe that David Westerfield is guilty.

[Mrs.Liberty]

Thanks, shezza and Jaded.

[spectre]

God Bless you, shezza. Thank you for your beautiful prayer, I agree with you.

TEE-HEE, Laura, maybe too much BLEACH!

Here we go...instructions from Mudd.

sw

[Jaded]

Can NEVER have too much prayer.

[shezza]

Mudd: "Base your decision on this case on the facts and the law." ...must determine what facts (proved by evidence or stipulation) have been proven during the trial and not from any other source.

Must follow the law as he states it, regardless if they disagree with law. Must not be influenced or biased either for or against the defendent. Being brought to trial is not an evidence of guilt. Must not be influenced by sympathy, prejudice, public opinion, etc.

[UCANSEE2]

The things that have gone on with this trial are almost beyond belief.

An innocent was sacrificed.

Now evil is showing it's power.

The power of the police, the Policiticans, the media, the under the table deals with Prosecution and judges. The power to get you and I to salivate over the lions attacking the Christians.

Westerfield is not PERFECT. He downloaded some porn, and possibly viewed some legally questionable porn.

Let he who is without sin throw the first stone.

WE ARE BEING Manipulated by EVIL into THROWING BOULDERS at a person that in all probability is not guilty of any crime, while being asked to ACCEPT the MORAL CORRUPTNESS of the PARENTS and dismiss them totally from ANY RESPONSIBILITY for their DAUGHTER'S DEATH.

AND EVIL IS WINNING !!!!!!! We, as a NATION , are doing it.

There are millions in this nation that are at the height of BLOODLUST for DW's sentence. They can't wait. The drool is pouring out the side of their mouths. When commentators like Nancy Grace roll their eyes or make a face , They do likewise.

It is in the Bible. How the multitudes will be FOOLED by the power of EVIL. How they will WORSHIP it.

Well, maybe the things in the Bible that were around the corner, but we didn't know when they would ever arrive, Maybe, just maybe the CORNER HAS BEEN TURNED.

[shezza]

Do not consider insinuations posed by a question. Must decide all questions in this case from the evidence received in this trial and not from any other source. Must not independently consider or investigate facts or source (visit scene, conduct experiments, consult reference works). Can only discuss case with other jurors when all twelve jurors are present. Notes are to be left behind when they leave for breaks.

[bvw]

I gotta guess that you have never camped in the fall or winter. If you had, you'd know from actual experience that the ground is warmer than the night air. Where there is ground brush that ground heat is trapped and creates a blanket of warmer air, despite the normal convective effect you alluded to.