Westerfield's Fate In Hands Of Jury: VERDICT WATCH BEGINS in Van Dam Murder Case

CourtTV ^ | August 8, 2002 | CourtTV

[FresnoDA]

Jury's hands After two months of hearing evidence, jurors have begun deliberating the fate of David Westerfield, who is accused of kidnapping and killing 7-year-old Danielle van Dam

[CedarDave]

Now if they could only find a tape of this hideous act, that would settle the matter as far as DW is concerned. Based on what I've heard, I think she very well could have gotten up and left the house at dawn and gone to a playground or park where she was abducted. (Though for that matter she could have gone to DW's RV, too, especially if it was unlocked). But I think his is not the profile of a child molestor and killer, though obviously we could be wrong. And the consequences of his not being squeaky clean (i.e. porn on his computer), can lead, literally, to a death sentence.

[Southflanknorthpawsis]

I think Mudd endeared people a little in the beginning with his little quips, etc., but as time went on he was really the wolf in sheep's clothing.

The imbalance of sustaining and overruling, depending on which side, was way too obvious.

It is my belief that a judge needs to be beyond fair to the defense in a death penalty case. If it is a crime to murder (and it certainly is), it is of equal shame to convict an innocent man without a reasonable presentation of all defense points. Mudd truly did overrule before Feldman could finish, time and time again.

If the prosecution's case is so supported by a "mountain of evidence", why not let the defense present everything the law allows?

Judge Mudd's "discretion" was more like his "directions'. He played every card in favor of the proscecution, right down to refusing to sequester the jury. Shameful performance !!!!!!

[UCANSEE2]

Think about it. NO PRINTS IN DANIELLE"S ROOM. So, she never left any prints, opening drawers, opening doors, she had mirrors, toys, I believe a computer or something you can see in her room. NO PRINTS. NADA.

DO YOU BUY THAT ?

[UCANSEE2]

She had a DIARY she wrote in for HOURS FRIDAY NIGHT according to Damon. NO PRINTS.

[Spunky]

Also on the stand Wednesday, was DNA analyst, Mitchell Holland, from Bode Technologies in Virginia. He testified that the blond hair found in the bathroom sink of Westerfield's motorhome matches the DNA of Danielle van Dam. Holland also testified that DNA extracted from a bloodstain in David Westerfield's motorhome matches the profile of the 7-year-old victim. Regarding the hair, Holland said the chances are "one in 25 quadrillion" of selecting a person at random from the Caucasian population who would have the same DNA. When asked about the bloodstain, Holland told prosecutors that the chances were "one in 660 quadrillion" of selecting a person at random from the Caucasian population who would have the same DNA. "Is this an example where samples match?" asked the prosecution. "Yes, it is," Holland answered. The expert testified that he performed mitochondrial DNA testing, which is different from nuclear DNA testing, on hairs found on clothing in Westerfield's washing machine, dryer and sheets from his master bedroom in Sabre Springs. Holland said he could not exclude Danielle van Dam as the donor of the hairs in question.

http://www.kfmb.com/topstory.php?storyID=9489

The way I read this it appears the hair in the Motorhome was diffently Danielle's but the hairs found in the washing machine, dryer and sheets from Westerfields master bedroom THEY COULD NOT EXCLUDE THEM AS HAVING BEEN DANIELLE'S SO IT IS POSSIBLE THEY WERE SOMEONE ELSE'S.

[CAPPSMADNESS]

I believe my hubby wears nitrile as he works with alot of carcinogens. The liners that he wears are really thick, almost the consistancy of garden gloves. I have a latex allergy, so I have to wear vinyl gloves.

[MizSterious]

Are judges in your area elected, or appointed?

[Politicalmom]

MH wasn't parked on the street that night.

[CedarDave]

None of her prints in her own room?! So someone wiped them clean, and her diary, too. Who? Someone who could take the time to do so and who would not be out of place if someone in the household found them in the room. Sounds like a family member to me. O.k., where does this fit in with the VD's cleaning the house that next morning. Did they do this before the cops came?

[the-gooroo]

I hope and pray that at least a few of the members of the jury see's through this biased judge. I don't think he's cute and funny one bit. I'm still furious with the message he sent by going on a weeks vacation mid trial. Innocent until proven guilty, yeah right!

[small_l_libertarian]

where does this fit in with the VD's cleaning the house that next morning. Did they do this before the cops came?

They say they didn't clean, but their steam cleaner was wet and the vacuum cleaner was sitting out. The bag in the vacuum cleaner had been changed - Damon said he threw the old one out.

[UCANSEE2]

Think about this.

SPECULATION SECTION:

Damon is molesting Danielle. She has mentioned it in her diary. She wants to find somewhere to hide. She has run away several times. Mommy gone to the bars two weekends in a row. Damon molesting her.

Partiers come 'home'. Damon in somber mood. Danielle has run away again and he knows why.

Partiers leave. Brenda drunk, falls asleep. If Danielle still home, Damon (who has apparently been doing cocaine)(traces were found in the home but PR firm got LE's to ignore it) goes and molests Danielle again.

EARLY ,morning, Danielle sneaks out of the house. Heads to park. DW's motorhome is there, and open. DW is in the house getting things ready.

Danielle sneaks in and hides. OOPS, here comes DW. Danielle gets out and hides somewhere.

DW takes off. Danielle remembers DW's pool, his nice house. She climbs over gate and gets in the backyard. The side door to the garage has been left OPEN (per testimony). She goes in his house to hide. She wanders around, then goes to the bedroom and sleeps some on the bed. P>Pretty soon, Damon heads to park, notices DW gone and sees side DOOR open. Figures Danielle might be there. Goes in, finds her and when she says she is going to tell, he kills her. Takes her to the DAMN VAN and drives her body somewhere and dumps it. Somewhere way off on a mountain bike trail. Takes something out of DW' laundry room to wrap Danielle in or maybe he wrapped her in a comforter or sheet that was on DW's bed where he found her.

[the Deejay]

THERE'S NO WAY SOMEBODY WHO HAD NOT BEEN INSIDE THAT RESIDENCE, THIS IS WHAT THE POLICE -- THIS IS THE POLICE'S TESTIMONY. THE POLICE TOLD THE VAN DAMS OUR THEORY IS THE ABDUCTOR, IF SHE WAS ABDUCTED, WAS MOST CERTAINLY DONE BY SOMEBODY THAT WAS VERY FAMILIAR WITH THE FAMILY, VERY FAMILIAR WITH THE HOUSE, WOULD HAVE DISARMED THE DOG BECAUSE THE DOG WOULD HAVE REACTED IN SOME MANNER. AND I KNOW MR. DUSEK SAID, AH, THIS IS JUST SOME YOUNG BABY PUPPY, BUT EVERY WITNESS WITH ONE OR TWO EXCEPTIONS TESTIFIED THIS DOG WAS JUMPING IN THEIR FACES, JUMPING UP AND DOWN. THERE'S NO WAY, THERE IS JUST NO WAY THE DOG WOULDN'T HAVE REACTED.

BUT ACCORDING TO THE PROSECUTION'S THEORY, IN THE DEAD OF NIGHT, STEALTH, WITHOUT LEAVING ANY PRINTS, WITHOUT LEAVING ANYTHING, HE I THINK HE SAID WALKED IN THE SIDE DOOR, OPENS THE DOOR TO THE GARAGE, 'CAUSE HE SAID DENISE KEMAL, RIGHT, DENISE KEMAL SAID THAT SHE CLOSED THE DOOR AND DIDN'T LOCK IT. BUT I CAN'T REMEMBER WHETHER SHE SAID SHE LOCKED THE DOOR. YOU DECIDE THAT. BUT ON THE PROSECUTION'S THEORY, MR. WESTERFIELD OPENED THE DOOR. GOLLY. PRINTS. BUT THE DEFENSE SAYS, AH, IF YOU TOUCH THERE, JEFF GRAHAM CAN'T GET IT. OH, REALLY? INTO THE HOUSE HE GOES.

NOW, DAMON IS EITHER THERE OR NOT. PRESUMABLY DAMON IS UPSTAIRS IN BED, AND THERE'S THREE CHILDREN WHO ARE UPSTAIRS IN BED. AND MR. WESTERFIELD WHO DOESN'T KNOW WHAT THE HOUSE LOOKS LIKE AT ALL IS MOVING UP THROUGH THE HOUSE. AND WHEN YOU LOOK AT THE EXHIBIT BOARDS, YOU'LL SEE YOU WALK IN THE FRONT DOOR AND THEN THERE'S THIS BALCONY. THERE'S THIS STAIRCASE. REMEMBER THE STAIRCASE. YOU'VE GOT TO WALK UP THE STAIRCASE. THIS GUY DOESN'T KNOW, HE'S NEVER BEEN THERE. AND HE WALKS UP THE STAIRCASE. AND THEN HE LOOKS DOWN THE HALLWAY.

[CedarDave]

So then if he abducted her, he would somehow have to get her to the motorhome, either by taking her in his own car (in the trunk likely), or somehow tying her up in the house and then getting his motorhome back to the house to put her in it. What testimony in that area was presented?

[X-Servative]

Does anyone have a link to the writings in Danielle's diary? I have heard about the references to Damon, but have yet to read them myself. Thanks!

[Lucky]

I think they had some old towels and a rug in the clothes washer too, didn't they?

[small_l_libertarian]

Yes, and I remember because some adorable FReeper said, "Washing towels and rugs together? Yucky!"

[meadsjn]

Holland said he could not exclude Danielle van Dam as the donor of the hairs in question.

Tricky wording, IMO. Is there anyone else whom "he could not exclude"? Could he "not exclude" BVD, or the VD boys? Could he "not exclude" any particular one of millions of people? Who could he "include"? And the phrase "selected at random" is not the same as "selected from a group comrising x,y,z".

DNA comparison and identification holds some promising possibilities for the criminal justice system, and for society; however, like any tool, it is only as reliable as the person, or people, using it and presenting the findings.

[Politicalmom]

Some orange fibers in SUV. No prints, hair, or anything else. AND IT WAS RETURNED to DW. It was NOT kept for evidence.

There was some testimony that was squelched about some fingerprints being found in SUV. Speculation is, they were Brenda's prints, that she got in the car in the parking lot at Dad's, accounting for orange fibers and the possible fingerprints.

[Politicalmom]

Hey!! I am adorable!! : )