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.

[UCANSEE2]

Post 539. APRIL 17TH.

Date Graham got latent prints from MH. Now, was there a previous time that he got Danielle's. You said you were corrected, what did they tell you was the correct info?

I am not trying to grill you, Just want to find out the 'real' info.

Sometimes I have people correct me,and it turns out they are not correct either.

[UCANSEE2]

the one who has not testifed (barb) as far as i know no one has questioned her or took a statement from her

She was questioned by police. She is the one that told police they were all drunk, smoking pot in the garage. The VD's didn't tell police about the pot.

[Rheo]

Lecaclia got 6 latents from the MH on 2/6 or 2/8...the 2 fingertip prints of Danielle's from the cabinet moulding...and Danielle L and Jennifers from the windows...she did not specify if outside or inside window.

Jeff Graham went to the MH on 4/17 as he noticed the horizontal cabinet had not been dusted and he wanted to check for the earring back, on a hunch.

He then pulled 16 latents from various surfaces....thereby ruining the original theory starter that DW wiped down the MH.

[rolling_stone]

Now, why did a 2nd lift get taken?

This bothers me, it seems to indicate some question as to the veracity of the first lift. It is possible to get two lifts, but to get the second one perfect would be difficult...some loss of detail IMO should be present....I can't find Graham's trial testimony, someone point me to the right date..no June 9
.

Anyone remember who found the hair in the MH sink trap?

[Yeti]

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

I think Feldman, being efficient and thorough, wants the data in case of an appeal. It could be good grounds if he can demonstrate the jury pool was tainted by an excess of jurors showing up for the summons. Remember all of the statistical testimony by the guy who handles that stuff for the court?

[UCANSEE2]

You know, the other side has made alot about her remark, calling DW a "horn-dog".

That they did. The 'other side' , which includes all the media greedy for a buck, ignores the fact that 'horn-dog' is probably about the most mild comment I can think of for a single guy. It is also about one of the most eclectic I can think of. That was old when my sisters were dating.

The name of DREW CAREY's BAND is the HORN-DOGS. Come on, folks, being known as a HORN-DOG is almost embarrasing, not the moniker of a pervert.

It's like saying he's as cool as the CAT's PAJAMA'S !

[Rheo]

Graham testified on 6/19...after Lecaclia and Tomsovic and also on 7/9 as a defense witness.

I think Lecaclia found the sink drain hair but not sure.

[Rheo]

I realize I'm spelling LeAlcala's name wrong but I don't care!

[the Deejay]

Yes, but to this younger generation, it sounds
like he's a "dirty old man."

[sawsalimb]

Soriano claims he was only trained in taking Polaroids, specialty was biological evidence, but did take other courses and had degree IIRC.

Now I find this rather interesting. About 15 years ago I bought a 35mm SLR camera. I taught myself how to take acceptable photos using the instruction manual and about 3 rolls of film. If such a one as I can figure out the vagaries of a macro lens on a camera,and the mysteries of film speeds(hint: when in doubt,take an couple of extra pics with the camera at different film speed settings),surely someone with training in investigative techniques can do the same.

[demsux]

I'm still trying to figure out who posted Unposted.com

I'm guessing Rolling Stone, how about you?

[the Deejay]

Last November, I bought a digital camera. Read the
simple instructions, and with the first photo, I got
a perfect picture. I've taken hundreds since then &
have never had a bad one.

[UCANSEE2]

Just put www.SanDiegoChannel.com in your browser.

[John Jamieson]

If I had been on the jury and found DW guilty, I'd be plenty PO'd to find out later two things that I wasn't told:

1. There was an international child pornography ring with several members in SD. One LE, one not, and a member in Poway, Brooke L. Rowland, who was arrested on 5 counts of child sexual abuse on 2/15.

2. That Damon had a large insurance policy on Danielle and was cruising all the possible dump sites on 2/16 including driving by Dehesa early that morning. He then asked searchers to look closer to SD.

[demsux]

No offense Rolling Stone...I like the site and think the theories are off, BUT close

[KLT]

Hey Fresno...Thanks for the updates....this guy is getting off...I don't believe a jury can be deliberating for this much time, and still not come to a decision...Believe it will be a HUNG JURY...What do you think?

Oh BTW...thanks for the Netherlands article....thought my PC had gone wacko!

[Rheo]

Well, not sure...what about Uniposter??

Thesmokinggun.com has a link to the unposted site....wish who ever would direct me to the Adam Walsh investigative files.

[Krodg]

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".

I brought up that Feldman was going to question something about summons and was informed (very nicely) that it was jury summons. Some people just know everything.

[John Jamieson]

cause the first one didn't match? How much do get for the right answer?

[UCANSEE2]

Like I have a hunch maybe this investigation has not been on the up and up.

A hunch is what you have before the fact. When you have all the media cooperating to railroad a person, when you have the witnesses lie repeatedly, when you have witnesses state in court that LE's did not even copy their statements down correctly, when the LE's change their stories, when the BUG EXPERT in TOD used by Prosecution 0ver 200 times, now all of a sudden, cannot predict TOD with BUGS, when the JUDGE provides TESTIMONY to the jury, when the JUDGE objects to Defense statements without the prosecutor even saying a word, then it is no longer a HUNCH.