No Decision From Westerfield Jury: Deliberations Continue Tuesday, August 13, 2002

KGTV ^ | August 13, 2002 | KGTV

[belleoftheball414]

I've been watching the trial since it started. The man who found Danielle's body went to my school. In my young, naive mind, David Westerfield is as guilty as sin, and all evidence points to that. I apologize if you don't agree.

I feel stupid for displaying my obvious ignorance to people to seem to know better. Forgive me.

Ave,

*Belle

[Bluebird Singing]

I happened to see a little of MSNBC discussing the jurors this morning. A psychologist saying there is probably one "rogue" juror who is into pornography, who is nullifying the evidence, has been wrongly accused in the past of something in his life, and has sympathy for Westerfield.

[bvw]

"In my young, naive mind, David Westerfield is as guilty as sin">

Where have you watched the trial, what network or station?

[KnutCase]

You gotta be kidding! Who is this psychologist? If brilliant minds think alike, could the psychologist be into porn also? Same type of reasoning, isn't it? Howver, don't you think that since porn was part of the trial every potential juror was asked specific questions about their knowledge or interest in porn? Come on, MSNBC give us a break, find another psychologist!

[KnutCase]

The prosecution has to show three things:

1. Motive
2. Means
3. Opportunity

How does the evidence against DW stand up against these threechallenges by the prosecution?

[small_l_libertarian]

No, Belle, not all evidence points to Westerfield's guilt. There are unidentified DNA and fingerprints in Danielle's room, unidentified fingerprints all over Danielle's house, blood in and around Danielle's house and many different colored fibers on Danielle's body that ALL exclude Westerfield and his environment. That evidence points AWAY from Westerfield's guilt. Also, there is NO evidence that Westerfield was ever in the van Dam house, which points away from his guilt. The search dog did not smell Danielle's scent in Westerfield's motorhome (even though the evidence shows that she was in the motorhome at some time) - that demonstrates that the DNA, fingerprint and hair found in the motorhome are old (or that the items weren't in the motorhome before the dog was - scary). Which, again, points away from Westerfield's guilt.

I can understand how you would have an emotional reaction to this case, especially considering that you know someone who was involved in the search. That doesn't make Westerfield guilty, though, and you should do some more research before you post.

[Spunky]

yes, Susan L took the pics and emailed to DW to print.

I thought I heard that the picture of Danielle L. was a crotch view of her sitting in her bikini.

Did her mother actually take that and send it to DW?

[small_l_libertarian]

1. Motive. Prosecution says "child porn." Their own witnesses do not confirm that what was found on Westerfield's computers is actually child porn. The jury has to decide whether the porn is actually child porn or not. If they decide that it is child porn, move to 1a. If they decide that it is not child porn, no motive proven.

1a. The prosecution did not prove that child porn is a precursor to murder. No mental health or other experts testified that viewing child porn leads or can lead to murder. No motive proven.

2. Means. No evidence that Westerfield was ever in the van Dam house. Prosecution contends that Danielle was snatched from her bed. Also, no testimony or evidence to prove that she was even murdered in the first place (she could have suffocated under her beanbag, for all we know). No means proven.

3. Opportunity. The van Dam house, at any given time on the night Danielle disappeared, was occupied by from one to six adults, two or three children (pre/post disappearance) and a dog. Prosecution did not provide any coherent theory on how DW got past all those people and the dog to get to Danielle and then get her out. No opportunity proven.

I think the prosecution's 0 for 3.

[small_l_libertarian]

Depends on what you call a "crotch shot." My understanding is that Danielle L was sitting on a lounge chair with a towel over her face. Her mom took the photo from the direction of the foot of the lounge chair. Doubt her mom even noticed that her crotch was in the shot.

Dirty old Dusek, though...

[KnutCase]

I'm with you...0 for 3.

I posted that to see if others could fill in the blanks. You scored 100. Now, go back to jury requests of the past two days: a) they wanted audio tape of DW's interview with police, b) they wanted pics and porn tapes. From here we must assume they the jury is looking for a way to exclude DW from involvement, or to include him. My thoughts are they are going over these two items with a fine tooth comb. If they get by these two obstacles, then they go on to Means and Opportunity. Am I getting this right?

[Rheo]

Her mother did take the pic...the pic supposedly is one of those "mom cuts the head off, can't take a pic" pics.

Do not believe it was anything other than innocent....which is why Mudd excluded it from the porn.

[mommya]

"Did you read that the jury requested the pics of Danielle L on Friday, along with the porn?"

Thanks Rheo - I hadn't heard that.

So they wanted that stuff before they wanted the Redden tape - Hmmmn.

[KnutCase]

Rheo......re my previous post on this subject: If this is considered child porn, then she has to be charged with accessory to murder along with DW. How interesting.

[Rheo]

I see you got several answers on the beanbag DNA..double checked for you...it was Derek as major contributor....Danielle could not be excluded as minor contributor on some and unknown minor contributor on some.

[small_l_libertarian]

Yeah, obviously. So I guess that means you've seen the porn?

Actually, the basis for my arguments is the testimony from the trial. Guess I can assume the basis for your arguments comes from your imagination.

[Rheo]

that is a media account so grain of salt.

Sounds like they wanted to work on motive first.

[mommya]

I forget - did the jury get to hear that it was Susan who took the photos? From her or from Feldman in the closing?

[bvw]

For every guess you make on what the jury is doing there are a dozen other equally likely guesses, you never know -- even though I indulged my own whimsy in this matter yesterday.

[mommya]

Off topic - are you here - are you seeing the news and this chlorine gas leak in Festus? A train car. Isn't that stuff deadly?