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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: the Deejay
The lies that Dusek told will not be overlooked by the jury. Based on their backgrounds, there seem to be some pretty sharp people on the jury and intelligent mature people who have been around the block a time or two, will be less hesitant to question a prosecutor. After all, who doesn't know of someone who has been screwed over in the courts by lying, dishonest judges/attorneys/prosecutors.
961 posted on 08/06/2002 7:46:01 PM PDT by connectthedots
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To: connectthedots
Yes! But don't tell Court TV...:~)

sw

962 posted on 08/06/2002 7:47:41 PM PDT by spectre
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To: cyncooper
I wouldn't know where to start. His presentation was so scattered. He was lying. Feldman objected ("That mis-states the evidence), a few times, got knocked back by the judge, so Feldman just quit objecting.

The jury know where he lied. (If they weren't asleep.)
963 posted on 08/06/2002 7:48:22 PM PDT by the Deejay
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To: Neenah
I think I would have to vote Not Guilty at this point. There are too many unanswered questions on the prosecution side and the bug guys' testimony, for me, ultimately raised even more doubt. As I said earlier though, I may not be a good juror because I would really have to be convinced beyond a reasonable doubt anyway.
964 posted on 08/06/2002 7:48:26 PM PDT by sunshine state
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To: Jrabbit
Thank you, Jrabbit, those are things I think of too.

I have a hard time in one thing tho...If a neighborhood child of ours was found missing, and the police came to our home, and arrested my husband, even tho we had never met this child...

What would the odds be that her blood, and DNA would be in our RV, Bedroom, bathroom, etc. ? It would be zero. We, or my husband, had never known the girl.

I can't get beyond that for some reason.

965 posted on 08/06/2002 7:48:35 PM PDT by Neenah
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To: connectthedots
Night all. Time for me to go dancing for a few hours. Don't worry; hose is reeled up, won't be drinking, or trying to set up an 'adult party'. Will try not to dance with any women that have little kids still living at home. Anything else I need to cover?
966 posted on 08/06/2002 7:49:39 PM PDT by connectthedots
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To: cyncooper
It just might be easier for you to list the truths he stated..go for it.

sw

967 posted on 08/06/2002 7:50:17 PM PDT by spectre
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To: Neenah
I vote not guilty. The prosecution has not proven its case. No serious attempt was made to investigate other possible suspects. They accepted too much of the VD's questionable accounts of the goings-on that Friday night and Saturday early morning.
968 posted on 08/06/2002 7:50:58 PM PDT by nycgal
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To: MagnoliaMS
Susan Lelac's name was used in court several weeks ago. I'd have to check my webpage for a date though.

I was shocked when I heard it and just wrote it down like the rest of the stuff on the page I was writing on the day's session.
969 posted on 08/06/2002 7:52:13 PM PDT by hergus
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To: connectthedots
Don't stare at a woman you buy drinks for..and don't drink a Red Bull..have fun! sw
970 posted on 08/06/2002 7:52:37 PM PDT by spectre
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To: spectre
"Oh, then he goes on to say "it doesn't matter how DW took her, he just did". Brillant...more evidence?"

I know. He had me so edgy, I had to go to the kitchen and do something.

Yeah, I'm sure DW just "took her by the hand" and all that poppycock Dusek was spewing. Firstly, he hasn't placed DW in that house. Like Dusek said he would do.

971 posted on 08/06/2002 7:53:11 PM PDT by the Deejay
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To: sunshine state
LOL sunshine .....I was thinking that today. I would be the "holdout" !! That scares me to death !
972 posted on 08/06/2002 7:54:42 PM PDT by Neenah
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To: Neenah
Neenah, Danielle, her Mother and brothers WERE all inside of DW's home..where the kids played upstairs and around the pool area. Danielle may have even gone into the Motor Home.

They were NOT strangers to DW. There's the difference between your scenerio and actuality.

sw

973 posted on 08/06/2002 7:56:05 PM PDT by spectre
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To: Neenah
Neenah, the difference is that Danielle HAD been to the Westerfield home, just a few days before she went missing. Selling Girl Scout cookies.

While Brenda and "Dave" chatted in the kitchen, Danielle and Dylen had free run of the house. DAW said they even went upstairs, all over the place, out by the pool, etc. For 15-20 minutes. Enough time to jump on beds and wallow on the floor and sit on a sofa or chair with hair rubbing against some upholstery that may have held orange fibers from a previous visitor (or perhaps where Brenda may have sat with that red/orange sweater on).

The point is, they were not strangers, Danielle had been in his house, and she had plenty of opportunity to drop some hairs and fibers around the place. But all that circumstancial evidence could very well be completely INNOCENT, not SINISTER (as Dusek would have us to believe).

974 posted on 08/06/2002 7:57:29 PM PDT by shezza
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To: Neenah
What would the odds be that her blood, and DNA would be in our RV, Bedroom, bathroom, etc. ? It would be zero. We, or my husband, had never known the girl.

But Brenda and Danielle HAD interacted with DW on several (if not more) occasions.

975 posted on 08/06/2002 7:58:13 PM PDT by nycgal
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To: nycgal
Thanks for your input, nycgal.
976 posted on 08/06/2002 7:58:14 PM PDT by Neenah
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To: Neenah
And, as you may surmise, I vote not guilty (holes in Dusek's case big enough to drive a Mack truck). Reasonable Doubt.
977 posted on 08/06/2002 7:59:00 PM PDT by shezza
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To: shezza; All
Good points, sheeza.

Tomorrow, trial fans..sw

978 posted on 08/06/2002 7:59:04 PM PDT by spectre
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To: Blue Screen of Death
You are cursed. All of your children will grow up to be lawyers. Your wife will become the president of the Fresno area "Hillary for President" society. VI, VI, VI.

Uhmm, BSOD.
The comp.unix.editors: Vi vs. emacs flame wars are over. Vi won.

979 posted on 08/06/2002 7:59:53 PM PDT by dread78645
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To: spectre; All
I'm still trying to recuperate from feeling I was in a savage pillow fight with Jeff Dusek........no injuries, but really exhausted. He was awful.

Like many here, I think Feldman just got through the end of the day and will unleash with all he's got tomorrow. Thank goodness !!!!!

I quit smoking a few months ago and this has really tempted me to grab a cigarette. I'm counting on Feldman take away my stress.........lol

980 posted on 08/06/2002 8:00:41 PM PDT by Southflanknorthpawsis
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