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

KGTV ^ | August 13, 2002 | KGTV

[FresnoDA]

No Decision From Westerfield Jury

Jury Could Take At Least A Week, Experts Say

Posted: 5:30 p.m. PDT August 12, 2002
Updated: 5:47 p.m. PDT August 12, 2002

SAN DIEGO -- Jurors completed a third day of deliberations without reaching verdicts Monday in the trial of David Westerfield, a former Sabre Springs man accused of kidnapping and killing Danielle van Dam.

	WESTERFIELD TRIAL Share Your Thoughts About The Case Get The Verdict: Sign Up For Breaking News E-mails Westerfield Trial Jury Questionnaire VERDICT COVERAGE Verdict coverage of the David Westerfield trial will air live on Channel 10 NewsChannel 15 and will be live streamed on TheSanDiego Channel.com DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

The six-man, six-woman panel was handed the case Thursday after more than two months of testimony.

According to search warrant affidavits made public after six months under seal, Westerfield admitted to police that he dropped off bedding and other items at a Poway dry cleaners two days after Danielle disappeared.

The warrants and affidavits had been sealed since shortly after the girl's mother discovered her missing from her bed the morning of Feb. 2. Last week, the 4th District Court of Appeal ordered the documents unsealed.

Westerfield, 50, a self-employed design engineer, is charged with murder, kidnapping and possession of child pornography.

	Jury Has To Consider Question Carefully

He could face the death penalty if the jury finds true a special circumstance allegation that the murder of the 7-year-old happened during a kidnapping.

The trial, which started June 4, included 23 days of testimony, 98 witnesses and 199 court exhibits.

Trial observers say the deliberations could come down to DNA vs. bugs -- DNA evidence that the victim was in the suspect's motor home versus testimony from defense forensic experts who said bugs on the girl's body indicated it had been dumped while the suspect was under police surveillance.

The alleged swinging lifestyle of the victim's parents, Brenda and Damon van Dam, also could factor into the jury's verdict.

Defense attorney Steven Feldman told jurors forensic evidence involving bugs on the victim's body proved it was "impossible" for his client to have dumped the body beside an East County road, where it was discovered Feb. 27.

The defense claimed throughout the trial that Westerfield was under tight surveillance by police and the media beginning Feb. 5, three days after the Sabre Springs girl was discovered missing from her bed.

 

SURVEY
	What decision do you think the jury in the David Westerfield trial will reach?
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Westerfield was arrested Feb. 22.

Prosecutors contend the defense did not represent accurately the information provided by experts who study insect infestation of corpses.

Physical evidence -- including Danielle's blood on Westerfield's jacket and fingerprints, hair and fibers found in the defendant's motor home -- point to Westerfield's guilt, prosecutors said.

Feldman said the prosecution presented no evidence that Westerfield had ever been in Danielle's home. He noted that her parents testified to holding sex parties in the home, and said one of their house guests might have committed the crime.

Feldman also suggested that Westerfield could not have maneuvered his way through the darkened van Dam home the night of Feb. 1 without anyone hearing him seizing the 58-pound child.

[ItsOurTimeNow]

"Just WHO is San Diego LE trying to protect, and WHY?"

My theory from the jump has been that they're trying to protect themselves. Either they had/have swingers that were involved in the VD's little clique (Dianne Halfman comes to mind), OR, they're trying to cover up their own ineptitude (is that a word?)...or both.

[bvw]

That theory would account for the bad dates and times to. Trying to obfuscate the day's accounts.

[shezza]

Ping! Summons for "jury duty" in five minutes.

[The Other Harry]

MH had been in neighborhood since 11/00...unlocked.

In case no one else has already responded to this (I tend to work behind you faster typers):

I believe the MH was normally kept at a storage facility 30 miles away. It was only at the house during the times when DW was loading, unloading, or cleaning it, or on the days around those times.

When it was at the house, it was normally locked.

Still, DW's ownership of the MH overlapped by around two years with his proximity with the vD family. So, it could be that the kids got in at some point there.

It could also be that the forensic evidence got into the MH in some other way. For example, if DW and Brenda had "played" in there. Or, if the SDPD planted it. (Why didn't they find the hand-print the first time they looked?)

[demsux]

Where were you the week of July 28? Were you or were you not in a motorhome? You drove for hours on routes not normally taken by some other drivers, didn't you? Didn't you??? At any point was there ever a towel on the floor? Did you speak to strangers and invite them to look around your motorhome? Why not? Can anyone other than your party verify the routes you took? Do you remember the names of the highways you were on and what towns you went through (in sequential order) on August 1? Where exactly were you at 2:15 pm on that date? Why did you leave the country? Do you have any black boots? Uh huh. Just as I thought.

Yeah, and we drove by your house...hose was left out "all over" the yard, were you in a hurry? We looked through the your windows to make sure that you keep a neat house...makes the hose look all the more suspicious.

Are you sweating now, it's pretty cool out...

[Jaded]

Please, stop it!! I have soooo few illusions left to harbor. I would like to finish this trial with some shred of something to hold on to. As it is, it shattered my remaining illusions about LE and the judiciary, now you're telling me about cash registers. Why yesterday, I was informed that the rate hike in the inspection sticker racket will subsidize a slush fund for indigent cars, leading up to a government sponsored buy out.

Please, BVW, I beg of you, leave me a little scrap of something to cling to.....

Signed,
Harbors1tinyillusion

P.S. I shared FreeRepublic with the person who told me about this racket, an equally disgusted American citizen

[Rheo]

I should have known it would be you to bust my story wide open!!

Yes, dangit....I confess....I left my house for a week in a MH...there were towels on the floor, I did wear black boots and we did have people in the MH.

OMG, I could be a criminal!

[shezza]

For the Ping List and anyone who wants to join in:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lord, grant these twelve jurors great wisdom to understand all the testimony they have heard over the past two months, and the clarity of mind to separate the wheat from the chaff.

Give them strength to endure, and fill them with a sense of honor and integrity, and the desire to do what is right.

May You shine the light of truth into the darkness of their confusion, that the jurors will discern honesty from those who bear false witness against their neighbor.

Although You say, "Vengeance is Mine," may You see fit to allow justice for Danielle here on this earth, that her death may not lead to the death of other innocents.

We pray that truth will prevail, and that the sword of justice will weigh heavily on those who would use it falsely to bring glory to themselves.

May Your will be done, in Jesus name.

Amen.

Pray for strength and guidance for all of the friends and families involved in this ordeal.

[small_l_libertarian]

Hi, Harry: Up until the neighbors started complaining, it is my understanding that DW kept the MH at his own house. I think it was moved to the other location in Nov. 2001(?).

[BARLF]

Thanks Miz for this article.

Two problems I have had from early on in this case were:

1.No evidence DW was ever in the vD house.

2.Dogs never "hit" on any house, suv,MH,etc.

In addition to this lack of evidence,the fact the vD's lied to LE for 16/17 hours after reporting Danielle missing and the LE clearing the vD's and pizza gang ,all within 24 hours of Danielle missing.

I tend to believe the bug and dog evidence more than forensic tests.....In this case.JMO and worth absolutely zero.

[Rheo]

The MH was kept in the neighborhood until approximately Nov of 2001...at that point, he stored it at Keith Sherman's....so for a year, it was in the neighborhood, unlocked as testified to by several people.

[bvw]

The driving motive of the car emissions programs is -- okay partly to reduce emissions -- but moreso and necessarily (this was to my own ears from a director of one state's emissions program) to eliminate cars over ten years old from the roads. That is macro economics, not clean air.

[FresnoDA]

ALERT...Nasty Grace and CTV just started the Jury Clock...

[Rheo]

We looked through the your windows to make sure that you keep a neat house...makes the hose look all the more suspicious.

Ahha....my house is not neat so the hose on the ground is just as it should be.

[ItsOurTimeNow]

Interesting...tell me more of this racket you speak of...I have heard naught.

[Rheo]

ALERT...Nasty Grace and CTV just started the Jury Clock...

Please tell me they are not holding broccoli and the noose?

[rolling_stone]

Great find on the scent puppies, makes one really wonder. I see they wear orange outfits too! Could that be why the first "false" stories about the dogs getting sick from the bleach smell came to be, they didn't hit on anything and it didn't make sense without an excuse?

[shezza]

I hear Friday night's feature at Dad's is "Romancing the Stoned."

[shezza]

We looked through the your windows to make sure that you keep a neat house...

Obviously you had the wrong house! ;o)