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.

[spectre]

I think she was unavailable to receive her summons.

Big storm overhead. OUR very own cat, has come in. He hates storms.

Cats and ducks...total opposites.

sw

[the Deejay]

Sheesh! Those vandamit fibers!

[I. Ben Hurt]

My cats have their own room with a "cat" door for easy access... All cats should always be kept inside.

My cats are kept inside. The door is to keep the Yellow Labs out of "THEIR ROOM".

[Rheo]

She said that after she testified she remembered other orange fibers and sure enough there they were on tape lifts she had done (yeah right) from DW's Toyota. That incident really bothered me.

That bothered me too....the tape lifts from the SUV were done first...why didn't it trigger her memory when she then found them in the house as opposed to remembering in July??

[the-gooroo]

LOL Great minds..... This is the second time this has happened to me today. We're all on the same wave length. :)

[UCANSEE2]

sure and by Dusek's own 21-game logic, what does that mean?

According to DUSEK, if you win too many hands, it means you are CHEATING. kinda like the SD DA's record for highest conviction rate while the rate of children killed still skyrockets. The largest International CHILD PORN ring in history is discovered in SD and the SD DA had to be told by a group from SWEDEN.

[the-gooroo]

Exactamundo!! I hope SOMEONE on the jury is bringing this stuff up.

[Rheo]

Why would Detective Gerbac ask Denise if Damon was a spy?

Is that a normal question in a missing child case?

[pinz-n-needlez]

We have another cat who is naturally tail-less. ;-P

We collect freaks around out house! LOL

[UCANSEE2]

How about when Dusek called Shen back in for a second time? She said that after she testified she remembered other orange fibers and sure enough there they were on tape lifts she had done (yeah right) from DW's Toyota. That incident really bothered me.

Wasn't it SHEN that said "she had a HUNCH she saw that orange fiber somewhere before, and then found it tied in a tangle of hair around Danielle's choker"????????????

Most FAMOUS QOUTE by SD LE's = " I HAD A HUNCH !"

[UCANSEE2]

all were excluded as Danielles except for the 1 hair in the sink drain trap

So, if Westerfield wiped the windshield, a window, an outside mirror, or ANY PART of the OUTSIDE of the MH with a rag, then rinsed it out in the sink, he could have deposited 1 hair there from Danielle without her EVER HAVING BEEN IN, but HAVING BEEN NEAR (which he thought she was once) the MH!

[Krodg]

Went back and tested the 'orange' fibers.

[UCANSEE2]

I think she was unavailable to receive her summons.

Meaning what? Or was that all the info you know?

[Rheo]

yes..except for the print.

[JudyB1938]

Most FAMOUS QOUTE by SD LE's = " I HAD A HUNCH !"

(wanted to make sure you saw this line of thought)

[spectre]

Remember during the motions part at the end of the trial? Before the Judge gave the Jury instructions and closing arguments Feldman had a person on the stand, when the jury wasn't present, giving stats about the percentage of people who showed up and those who didn't when they were "summoned".

It happened so fast and it was overlooked.

I don't know WHY it was necessary to bring this UP?

Therefor, I concluded that there was someone who didn't show up when summoned.

But I don't know if it was Barb. Supposedly, she was seen around the court-house, remember? Did she disappear? Did she crack-up?

OTOH, we have those who say she would have harmed both the Prosecution and the Defense, so neither called her to the stand.

I only am "guessing" about her being in Mexico..or Brazil or Finland :~)

I mean, UCS..they have to be able to SERVE the summons, don't they? And if they can't FIND you, how can you be summoned?

BTW, I think the boys told the LE if Danielle was there that evening...at least till they all went to bed...IMO.

sw

[the Deejay]

Mexico was a good guess. It is only 17 miles from SD.
Fastest exit out of the U.S. without needing a passport & using commercial travel.

[demsux]

Why didn't Barb Easton Testify ???????????????????????????????

That one is easy...like a "pop fly"...she would say what Dumcek wanted her to say and Feldman wasn't sure what she would say!

[shezza]

I'm way behind on reading this thread, but here is an excerpt from Jeffrey Graham's testimony (June 9, afternoon):

Q: HOW MANY LATENTS DO YOU THINK YOU WERE ABLE TO GET OUT OF THAT MOTOR HOME?

A: I GOT A TOTAL OF SIXTEEN CARDS. IMPRESSIONS I DON'T REMEMBER OFF THE TOP OF MY HEAD.

Q: WHEN DID YOU GO OUT AND DO THAT?

A: APRIL 17TH.

(Danielle's body was found February 27)

[pinz-n-needlez]

Spec, the second article Fres posted said the Amber Alert was not activated because they only suspected a 'missing' person for two days, then switched to the kidnapping theory.

It took the vds hours to get their story straight, then LE days to figure out their story, imo.