Deliberations Resume Friday, 8-9-02 In Trial Of David Westerfield (VERDICT WATCH CONTINUES!)

CNN.com ^ | August 9, 2002 | CNN

[FresnoDA]

SAN DIEGO, California (CNN) --A San Diego jury began deliberations Thursday in the trial of David Westerfield, accused of kidnapping and killing 7-year-old Danielle van Dam.

The panel of six men and six women adjourned for the day without reaching a verdict. It is set to resume deliberations Friday.

[Greg Weston]

No you tell me. You are the one who supposedly knows about all this "covered up" info. Go for it.

[The Other Harry]

But how often do juries think the "law is wrong"? Very, very rarely.

That's as it should be.

(Fwiw, my internet connection broke and I had to take the dog for a walk.)

I doubt we disagree all that much on this.

As one example, I am opposed to abortion. Still, I would vote to convict anyone who killed a physician who performed them.

On the other hand, there are many states where it is illegal to use deadly force against anyone who hasn't actually entered the home. I would never vote to convict someone who used deadly force against someone who was clearly trying to enter that home with bad intentions.

The line may be thin and I think the default has to always be on the side of the law, but I also think jurors should realize they have the right to exercise discretion.

There used to be some discussion of something called the "Fully Informed Jury Act." The final instruction that the judge would be required to give the jury would be that, "Regardless of the instructions I just gave you, you have the right to vote however you think is right in this matter." Something like that.

To me, that is the essential right of the people who live in a democratic society. Governments can and do sometimes pass pass laws. They also sometimes try to enforce good laws inappopriately. The bottom line is the jury.

[Southflanknorthpawsis]

Considering the section of the jury instructions you cited, I cannot see how anyone can convict on kidnapping.

There is nothing indicating that an abduction even occurred; let alone that Westerfield was responsible. How could one justify voting guilt on the charge of kidnapping?

[Greg Weston]

Hey don't blame me for what Westerfield did to Danielle. I've seen what evidence has presented. I can't imagine what you have seen here. Maybe you are blind as far as this case goes. Whatever.

[The Other Harry]

You would be amazed how often, during delibertations, the jury refers to the law/judge's instructions. The pages are dog earred within a day.

Agree, agree, agree. We must and we do try to follow the law.

[Southflanknorthpawsis]

If every single one of us ignore it, it will likely end up talking to itself.

[Greg Weston]

Ahhhh yeah Danielle moved herself into Westerfields lair with her psychic powers. Then Westerfield savaged her. Right NO kidnapping here....

Unbelievable.

[The Other Harry]

I don't know where all this talk about jury nullification comes from in respect to this case.

I don't it does directly. Thie discussion of the requirement for the jury to follow the judge's instructions got me off-topic. Sorry about that!

[Greg Weston]

If Westerfield eventually comes clean about why he did what he did to Danielle he just might end up blaming alcohol. Or perhaps a "porno made me do it" like Ted Bundy did.

[Jaded]

lol....

[Greg Weston]

Do you think Westerfield will eventually blame the porno or perhaps the alcohol? He probably should have made a deal admitting what he did to Danielle instead of going to trial. Maybe he doesn't care about his own life at this point.

[Southflanknorthpawsis]

Hehehehe....... Funny and getting funnier, isn't it?

[Greg Weston]

Do you think the child rape porno collecting killer Westerfield will find the guilty verdict funny?

[Alamo-Girl]

Thank you for sharing your concerns!!!

[dread78645]

I woke the cats up. They are not happy.

Cats will never be happy until they have opposable thumbs to open the tuna. They won't need the support staff (humans).

[Alamo-Girl]

Re: #325. Thanks for sharing your concerns!

[Jaded]

You're right. It's all about them. I still think they should replace Hopi & Cielo.

[Greg Weston]

It's just very distubing that some very foolish people would give a pass to a child kiler and let him go because they didn't like the murdered childs parents lifestyle.

Would these foolish people be making excuses for a child rape porno collector? Or accusing the cops of being dirty and making the most ridiculous, wild explanations trying to explain away a mountain of irrefutable evidence if the child parents had been totally 100% clean living folks??

Interesting question.

[demsux]

I had cheese with my sister that was bit by the moose...shower time