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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: CAPPSMADNESS
Then Westerfield will be at the top of the list in the entire history of crime as being Number 1 most "unlucky".
921 posted on 08/06/2002 7:09:43 PM PDT by Greg Weston
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To: Greg Weston
Look, fella! Every time you come on here, all you do is go through posts you don't like or agree with and attack. If you can't contribute, just bugger off. None of us need you to "check our homework", okay?
922 posted on 08/06/2002 7:10:41 PM PDT by the Deejay
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To: KnutCase
Except for associating the word 'logic' with Dusek's closing argument, your post makes sense.
923 posted on 08/06/2002 7:12:03 PM PDT by connectthedots
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To: spectre
Who do you think had more unfortunate "unlucky" coincidences that point right at him being guilty...Westerfield or O.J.?
924 posted on 08/06/2002 7:12:18 PM PDT by Greg Weston
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To: Greg Weston
"Do you believe Danielle was "sold into porno" by her parents as well?"

Who believes that? I think that may have been a theory that was tossed into the arena at some point due to the recent arrests that have been made in the same area in regards to a child porn ring, but alot of theories have been tossed out here - some reasonable, some irrational and some down-right tinfoil.....

925 posted on 08/06/2002 7:12:27 PM PDT by CAPPSMADNESS
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To: Jaded
This has really made me question the integrity of the whole process. I don't know if I could ever be a juror now, because my standard for "guilty" is probably not the correct one. I would want the bar raised pretty high.
926 posted on 08/06/2002 7:13:06 PM PDT by sunshine state
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To: Greg Weston
If they follow the judge's instructions -- which are also the law in CA, as I understand, regarding circumstantial evidence -- then the jury can do naught but find Westerfield not guilty.
927 posted on 08/06/2002 7:13:12 PM PDT by bvw
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To: demsux
There's a theory that the plan to ask for the death penalty was to "cleanse" the jury of death penalty opponents, that might be sympathetic to the defendant. The leftist tendency to stand up for Single White Males with some money, right? LOL
928 posted on 08/06/2002 7:13:37 PM PDT by 185JHP
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To: the Deejay
So you don't think Danielle was "sold into porno" by her parents?
929 posted on 08/06/2002 7:13:57 PM PDT by Greg Weston
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To: the Deejay
I agree with you. See my previous posts. Feldman used the "Ben Matlock confusion mode" to distract jury from previous logic of Dusek's closing argument. Last thing that takes place in the courtroom is usually what is remembered. Feldman is no dummy. Distraction works.he can start fresh in the morning placing things in proper sequence as he wants the jury to get the info.
930 posted on 08/06/2002 7:14:29 PM PDT by KnutCase
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To: Greg Weston
"Then Westerfield will be at the top of the list in the entire history of crime as being Number 1 most "unlucky"."

Instead of being sarcastic, why don't you try doing a little research on the topic of "wrongfully convicted"? I think that you will be amazed at the results that you find.

931 posted on 08/06/2002 7:14:49 PM PDT by CAPPSMADNESS
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To: Dave_in_Upland
Like many people who are excellent trial lawyers, Feldman may have some ADD tendencies. Trial lawyer is an excellent career choice for someone with ADD and high intelligence.
932 posted on 08/06/2002 7:15:02 PM PDT by connectthedots
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To: bvw
"If they follow the judge's instructions -- which are also the law in CA, as I understand, regarding circumstantial evidence -- then the jury can do naught but find Westerfield not guilty."

Exactly correct.


933 posted on 08/06/2002 7:16:13 PM PDT by the Deejay
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To: shezza
For cross-contamination to be true (cookie visit), you'd have to believe she didn't bathe, she didn't clean herself, for the rest of that week. We know that's not true.

We do ? That girls hair was filthy.

If she had a bath, it was like my first son. Run the water --soap was dry.

934 posted on 08/06/2002 7:17:04 PM PDT by dread78645
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To: cyncooper
The steamcleaning due to Layla took place before Saturday morning.

You are correct, that's what the VDs said in their testimony. But do we really know the steamcleaning took place before Danielle disappeared? Conveniently, there were no witnesses. I wonder what the kids would have said on the stand.

935 posted on 08/06/2002 7:19:02 PM PDT by nycgal
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To: KnutCase
I read your posts & they make sense. Feldman was doing a "skit" for the jury this afternoon & they loved it!
936 posted on 08/06/2002 7:19:20 PM PDT by the Deejay
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To: shezza
I could not get video nor audio so you were my eyes and ears ,thank you shezza.
937 posted on 08/06/2002 7:19:46 PM PDT by fatima
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To: All
If you were on the jury, would you vote Guilty or Innocent, and why. (Simple sentence would do.)
938 posted on 08/06/2002 7:20:25 PM PDT by Neenah
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To: the Deejay
He steam cleaned Danielle's room because the dog did a wee-wee on her carpet.

That poor dog gets blamed for everything. If only she could speak.

939 posted on 08/06/2002 7:21:11 PM PDT by nycgal
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To: dread78645
"That girls hair was filthy."

I said that, too, the other day. In that passport photo, that kid's hair was filthy, filthy, filthy! Not in her school photo though. It was clean & done very nice.
940 posted on 08/06/2002 7:21:54 PM PDT by the Deejay
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