Van Dam Jury Update, Monday August 12th: Westerfield's Fate Lies In Mudd Instructions?

Court TV ^ | August 12, 2002 | Court TV

[FresnoDA]

Jury's time Jurors will resume deliberations Monday in the capital case of David Westerfield, who is accused of killing 7-year-old Danielle van Dam

DAY TWO: FRIDAY, AUG. 9, 2002
12 noon ET	Jury enters jury room.
2:30 p.m. ET	Jury goes home for the weekend.

DAY ONE: THURSDAY, AUG. 8, 2002
1:10 p.m. ET	Jury begins deliberating. After two months of testimony, the capital murder trial of David Westerfield is in the hands of the jurors, who began their deliberations following more than two days of closing arguments.
2:50 p.m.	Jury sends a note to the judge.
3:00 p.m.	Jury at lunch.
4:30 p.m.	Judge calls the lawyers but not the public or the press into the courtroom.
5:15 p.m.	Judge says jurors sent note asking to deliberate five days a week instead of having Friday off and he approved their request.
7:00 p.m.	Jury goes home for the day. Will return Friday morning.

[Southflanknorthpawsis]

One big difference I see between the photograph of Damon and the sketch, is that the man in the sketch has a round face whereas Damon's face is more rectangular. I'll admit that there is resemblence but the drawing is not that close.

I think the resemblance is uncanny. The eyebrows and nose are Demon to a tee.

You must also bear in mind that this is a sketch put together by someone's memory, who caught a glimpse of a stranger in the dorm.

Furthermore,it's mighty coincidental that Demon knew the family of the missing boy, he was an avid video game player and the sketch resembles Demon........mighty conicidental.

It's as good as or better than most sketches we have seen and then later seen the person apprehended. After all, it's not as if they pose for these renditions, you know.

[UCANSEE2]

Consider yourself added. I noticed you on this thread and a previous thread. We usually don't add people unless they request it.

WELCOME!!!!

[MagnoliaMS]

Hi, Deejay. So sorry to hear about your cat. They really do come to seem like family, don't they? My dogs are like my "kids" now, since all my real children are grown and gone. I dread the day anything happens to any one of them; they've been with me a long time now. Home wouldn't ever seem the same. But like you, I have already decided against having any more pets, because I would not want to have to go through it again.

[small_l_libertarian]

You're right about the evidence we should be thinking about. My apologies for the whole underwear episode.

[UCANSEE2]

Also welcome 'amazed' to the PING LIST and the THREADS !!!!

[gigi]

In regards to confusion to the drycleaners, I posted this yesterday.


From small_1_Libertarian

"In addition, Julie Mills originally put his stuff under the wrong customer's name and didn't even know that until she tried to give the stuff to that customer and the customer said it wasn't hers. Then, she didn't tell the police what items she DID enter and told him about items she DIDN'T enter. AND, she originally didn't remember any details (color, etc.) about any of the items she originally checked in. Later, she remembered that the jacket was green and the bedding was floral and striped."

"Sounds like some serious confusion at the drycleaners to me."
___________________________________________________________

This is from the beginning of Julie Mills testimony, Direct examaination by Dusek.
EXAMINATION BY MR. DUSEK:
Q: MISS OR MISSUS?
A: MISS.
Q: MISS MILLS, DO YOU WORK?
A: YES.
Q: WHAT TYPE OF WORK DO YOU DO?
A: I WORK IN A DRYCLEANER'S.
Q: WHERE IS THE DRYCLEANER'S LOCATED?
A: POWAY.
Q: DOES IT HAVE A NAME?
A: TWIN PEAKS DRYCLEANERS.
Q: ITS ADDRESS, PLEASE.
A: I REALLY DON'T KNOW. I HAVEN'T -- I DON'T KNOW.
Q: HOW LONG HAVE YOU WORKED THERE?
A: TWELVE YEARS. I HAVE NEVER HAD TO LOOK AT THE ADDRESS. I DON'T KNOW.
Q: DO YOU THINK IF I SHOWED YOU A PICTURE YOU WOULD RECOGNIZE IT?
A: YES.
Q: I HAVE HAD MARKED AS COURT'S EXHIBIT 73 A PHOTO DISPLAY BOARD LABELED AT THE TOP "TWIN PEAKS CLEANERS, 14891 TWIN PEAKS ROAD."
A: THANK YOU.
(PHOTOBOARD CONTAINING ONE PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 73 FOR IDENTIFICATION.)
BY MR. DUSEK:
Q: DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MISS MILLS?
A: YES, I DO.
Q: WHAT IS IT?
A: IT'S THE DRYCLEANER'S.


Anyone who has worked somplace for 12 years and doesn't know the address, is a MORON!!!! I bet there's confusion at that dry cleaners every day!!

[The Other Harry]

Let's get down to basics.

Great post!

I've been sort of wondering whether Feldman shouldn't have suggested / implied during his closing arguments the possibility that at least some of the forensic evidence looked awfully fishy. As in, *very* fishy.

[JudyB1938]

Plus his patents ... he had to sign those over to Feldman, too! So not only has he lost all of his material possessions, he has lost his future income.

And with the publicity from this trial, even if he gets off, who will hire him? TAINTED, no matter what.

[the Deejay]

My cat was all pure white undercoat, then rising to the
top, light grey/silver to darker grey, and charcoal to black
on top. His throat was & paws were white. His eyes were a deep golden color.

I still miss him and sometimes find stands of his hair
here and there.

[The Other Harry]

So, could it have been Brenda's underwear?

Gee... That's a provative thought. You should write mystery novels.

[mommya]

Miz - you may have missed my earlier post - I want in for Wed. within the first two hours after the jury arrives. (hung is my guess)

[small_l_libertarian]

Yes, his life is wrecked, even if acquitted. It's so wrong. I think he'll have to sue (if acquitted, obviously) people like Court TV and Nancy Grace for defamation, SD County for (I think someone called it) malicious prosecution, maybe others - just so he'll have some money to try and make a new life. This whole thing is just so awful.

[the Deejay]

"Anyone who has worked somplace for 12 years and doesn't know the address, is a MORON!!!!"

You're not kidding!!!

[UCANSEE2]

Lucky coincidence posting to your last post as I am qouting a prior post you made that reasserts my point in the evidence considerations. (whew, that was hard)

GIGI said what I am saying and what I consider the only thing of importance in this case.

I'm not sure he is guilty of child porn, due to witness testimony,(too much to go into). I thought Feldman was pretty confident when he told the jury to look and make their own decisions. But if thats all they convict him on then so be it.

I'm hoping that the jury looks at the fact there is no evidence of DW being in the VD's home. I hope they look at the unidentified fingerprints and DNA found in the VD's home and wonder as we all do " Who do they belong to?" That and the "bug" evidence is plenty for reasonable doubt.

All 12 jurors would have to adopt the theory that DVD was in the MH sometime in the past and had left the fingerprints and dna. I'm not sure that will happen.

50 posted on 8/12/02 8:25 AM Pacific by gigi

[MagnoliaMS]

I sure agree with you there, spectre. They have been totally disgusting throughout this whole thing. For the last couple of weeks I have also been trying to come up with just the right wording for a letter to CTV. I'm afraid if all I do is complain about the three wenches, it will only make them happy, because at least I'm watching. I want them to understand that I will NOT be watching any longer. I also hope lots of folks will do the same thing.

[The Other Harry]

Update on the informal verdict pool:

If newbies are allowed to play, Harry will take Friday at 10:00 AM. If that conflicts with anyone else, please add 15 minute incements until it doesn't.

Thanks!

[juzcuz]

I do see a plausible reason for Danielle's blood on the green jacket. It's believeable that Danielle's blood could have gotten on his jacket while the jacket in his house. Danielle and her mom were there -at Dw's house (twice) for cookie sales. His jacket could have been on a chair in his kitchen or something. Kids do easily get cuts and scrapes, she could have carried blood on her hand and touched his jacket on one of their visits.

[Politicalmom]

Sizes go to 12, then they switch to hip measurement.

[small_l_libertarian]

Why would all 12 have to adopt that theory? Couldn't say, three of them believe that theory, six of them believe that the BUGS DON'T LIE, 2 of them believe that the un-ID'ed evidence in the VD house provides reasonable doubt, and one believe that the police planted evidence.

They could come up with "Not Guilty" either way, right?

[spectre]

I think we are heading only on 10 hours of deliberation. I haven't been able to track down the little "over three days" actual number of hours the Skakel Jury deliberated, tho.

LOL about CTV. They were predisposed convicting DW before the trial began. From the information available to the general public, ASK the man on the street what he thinks, someone who doesn't KNOW the facts as we do..they will say "guilty".

The Jury is under a tremendous amount of public pressure and that is troubling to me.

I am keenly aware of the good arguments presented on DW's behalf on this forum, but the Jury isn't hearing them, another troubling aspect of the eventual verdict consideration.

The Jury has no sanctuary that offers them support if they come in with a Not Guilty verdict.

The best I can see for DW is a "hung Jury". I'm preparing myself.

sw