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?
	Guilty on all three counts Guilty of kidnapping, murder Guilty of possessing child pornography Not guilty on all three counts Hung jury
Results | Disclaimer

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.

[Freedom2specul8]

You are quite welcome..

[Steve0113]

I also think that Brenda had the hots for him and was jealous because he seemed to like Barbara.

A woman scorned? That would explain much.

Come to think of it, no it wouldn't. The VD's were perfectly friendly to DW at first, until their handler advised them to start acting like he killed their daughter.

[Eva]

I mentioned before, that I had met an interesting couple in June, the guy was a former SD police officer and she worked for the same company as Damon. He thought that Westerfield was guilty because they had so much circumstantial evidence against him and she thought that Westerfield was innocent, that he didn't fit the stereotype.

When I asked the guy about all the seeming holes in the prosecution case, like why Westerfield would not have dumped or buried the body in a more remote location, or why he would even have been around that week-end, at all.
His answer was that you can't apply logical thinking to an illogical suspect.

I asked the woman how long Damon had his goatee, but she didn't know. I wish I had known about Damon's resemblance to the missing college student so I could have asked her about that.

[the Deejay]

LITTLE PUDDLE IS "OUTTA" THAT COURTROOM!!! YEA!!!!

[Freedom2specul8]

Rick Roberts et al are still the low lifes they were when everyone was praising them for leaking the info about the van dams.

[Freedom2specul8]

Were you one of the ones on FR who use to praise RR's staff et al for all the details they exposed?

[spectre]

Bye, Bye River..Judge Mudd told you off but good!

He also told her boss, Rick Roberts off...tee-hee!

sw

[the Deejay]

The judge said exactly what I've been saying about
RR's program. "It's all about ratings." And bugger
the TRUTH!

[spectre]

Were YOU one of the ones who said the Van Dams didn't SWING?

sw

[the Deejay]

NO! I was never one of the ones buying into
anything RR ever reported.

[Freedom2specul8]

It's amazing how all the RR supporters are suddenly upset with him and River and everyone else who exposed all the crud on the vd's.

I think I know why you changed your mind....but am not sure about everyone else.

[ItsOurTimeNow]

LOL @ "their handler"...hadn't heard that before!

[MizSterious]

Sure did--also, the jury finally sent a note--they want to hear the tape of the Redden interview, for those who might have missed it.

[Steve0113]

His answer was that you can't apply logical thinking to an illogical suspect.

That's an intellectually lazy cop-out. DW held patents on medical devices he'd invented. Illogical suspect?

I agree that's illogical to regard him as a suspect, but I don't think the guy meant that.

[It's me]

Remember, nearly every member of that jury has small children.

Even the 83 year old retired military man? Oh he must be active military. ;)

[spectre]

Thanks Miz...just walked in the door and caught the last few minutes of Mudd dressing down River. It was beautiful!

sw

[Freedom2specul8]

You should go back to the threads from feb and march...lots of rr supporters.. Of course everyone has a right to change their minds...no one is disagreeing with that. IMHO, it's kind of humorous to see those who use to give him high praises for exposing the vd's lifestyle (albeit stretched truth), are now condeming him. I recall numerous flame wars over RR.

[MizSterious]

I think there's a big difference between reporting on the van Dams' earlier in the case, and reporting on a closed hearing that should not have been public. That could have caused a mistrial, and might be grounds for appeal. The earlier reports could not have caused anything like that.

[the Deejay]

As a matter of fact, Kim, I am the one that
gave RR's the tag of RR = "Rag Radio".

[Freedom2specul8]

Coincidently, the flame wars were over LE leaks..