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

[Steve0113]

since Duesk was in charge today, he should've warned her he would be showing them.

Okay, now I see. I didn't realize it happened during Dusek's closing. In that case, yes he should have warned her.

Come to think of it, he probably did. I still don't buy it. The two of them probably scripted it.

[connectthedots]

Dusek basically wanderered all over the place and didn't address the bug evidence other than to say all four experts were wrong. Is so, whay do they call it expert testimony. If it is allowed, the jury must accept all uncontroverted statements made by the expert. This is not a battle of experts since all the experts are on one side. That being the case, the jury needs toaccept that testimony as fact.

[demsux]

Is the jury deliberating?

[MagnoliaMS]

I'm hearing big buzz about Mudd's prejudicial statement regarding the red sweater and how he tried to cover his backside today.

What did he say about this today? I've missed most of it.

[bolthead]

You appear to be correct. Thanks.

[Uni-Poster]

After all we have been through the last few weeks with this trial, I believe the jury will end up hung.

[Lanza]

Thanks for clearing up why BVD was crying. Sounds like it was last minute desperation on the part of the prosecution, and they wanted the jury to see her cry. Sorry but not buying it here. BVD has already said on Larry King (WHEN HER CHILD WAS STILL MISSING AND COULD HAVE BEEN BEING TORTURED EVERYDAY)that she had no regrets and would not have done anything different that night. Forgive me, but I said at the beginning of this I had a gut feeling about Susan Smith (and actually felt ashamed of judging her), because she came across more worried about herself than her kids (Today show quote: "I can't eat and I can't sleep"). My gut was right then, and I am not going to feel bad now for having bad feelings about the VDs. They are hideous, and I think they are still lying about what happened that night!

[Southflanknorthpawsis]

Hi dems. For the most part it was just Dusek telling the jury that there were no other reasonable explanations for the blood, hair and fiber than what the prosecution claims.

As for Little River, she was expelled from the courtroom before the jury was ever brought in for being connected to a public report of things not meant to be public.

Dusek basically summarized yesterday's stuff.

Mudd tried to gracefuly wind himself out of siding with Dusek about the sweater yesterday by instructing the jury that his statements should not be considered an opinion, blah, blah, blah. I think he knows he may have given DW the golden key to appeal. It was a very dumb thing that he did.

[Krodg]

I was attacked many years ago and the man that did it hid in the woods for 2-3 days. When he was found he never asked if I was dead or alive, all he could think of was he was tired and hungry. I laid in the hospital for 3 weeks with tubes but in his mind, he was a victim. This is what I see from the VanDam's.

[FresnoDA]

Brenda van Dam crying. File footage....

[connectthedots]

The case has been turned over to the jury. Probably selected the forman before lunch and will really get going with deliberations right after lunch.

[Southflanknorthpawsis]

What did he say about this today?

I believe it was the very first thing he said to the jury today. He instructed them to not interpret comments, rulings, etc. by him to be favoring any one particular side of the case. Forgive my poor paraphrasing.

It appeared that he is concerned over acting as a confirmation for Dusek yesterday. Comments have been spoken in quite a few places that this was bad judgment on his part and could be appeal fodder. It seems he's trying to do some backpeddling now, but it doesn't erase it.

[small_l_libertarian]

Could you please tell me what he said yesterday - I watched for most of the day, but must have missed something fairly big. Didn't see anything about it in yesterday's threads either - can you point me to the right place?

[HoneyBoo]

Just heard on local SD tv station that jury has handed Mudd a note and will meet w. him at 1:30 pacific time. Could this mean they already have a verdict?

[Southflanknorthpawsis]

I heard the VDs signed a book deal before Danielle was even found.

I've heard that rumor. If I had to bet, I'd put my money on its being true.

[connectthedots]

I also want to know what Mudd said about the sweater.

What sometimes happens when the judge and prosecutor know they have a losing case is to bait the defense into asking for a mis-trial. I don't think Feldman will take the bait. Besides, Feldman has plenty of other stuff on which to base an appeal already and get a reversal or vacation of the verdict which would permit a re-trial.

[L,TOWM]

Probably means that they picked a foreman (or woman).

[MagnoliaMS]

Thanks for that explanation. What about Brenda furnishing a word that Dusek was searching for yesterday (I think I have that right)? Do you know what the word was? I have never heard of anything like that happening in court, either.

[connectthedots]

If they have reached a verdict, it will be 'not guilty'.

[VRWC_minion]

A hung Juror