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
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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.

[NatureGirl]

You wouldn't even need to do that. Just go somewhere on your long trip, find a dumpster off the beaten path, and throw the stuff in - or find a different dumpster for each piece, and get rid of them one at a time.

[Freedom2specul8]

That's a good one! Wish you were around then, but you "would" have gotten flamed over it.

[Steve0113]

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

I wasn't even trying to be funny. It's the most accurate description I can come up with.

[ItsOurTimeNow]

Small children, or small grandchildren. The point is still clear.

[Jaded]

LE Leaks=LE Lies.

But the swinging WAS true. Whatever. The leak was prolly the brain-trust LE seated at the prosecution table.

[spectre]

Rick Roberts and his little hippie Producer, River Stillwood, used their program to launch a campaign against DW, AFTER Rick Roberts came close to getting busted by LE for revealing information by his "un-named LE sources"..

Roberts played both ends against the middle, I have no respect for him or Ms. River Stillwood.

sw

[The Other Harry]

In my mind, DW didn't do this, and couldn't have.

More than anything else, I think that's what gets me.

I have a very vivid imagination. That's putting things mildly. If I let my thoughts go, I can relate to almost anything. If I try hard enough, I can even relate to pedophiles. I can easily relate to most of the more "normal" criminals.

But no matter how hard I try, I cannot relate to DW going into that home that night. He never did that. If he kidnapped and killed Danielle, it happened some other way.

Nor, in my worst nightmare, can I imagine him doing all the things that were done do her. He may have been sexually and relationship-ally frustrated, but there is no way in hell that he ever would have done all that was done to her.

Knocking out the front teeth of a seven year-old child, either before or after you kill and/or rape her takes a special kind of guy. Someone who is very seriously sick.

That same person would also need to be sophistocated in the art of crime in order to be able get away with it. IE, without leaving a whole big mess in the motorhome (or somewhere) that any idiot from the PD could pick up on.

That is *not* DW. He could not have done it.

Damon and his buddies, however... There's a "maybe".

[ItsOurTimeNow]

Sorry, but I had a mental image of a suited PR person holding a rabid Brenda and Damon on a tight leash. "DOWN Damon...DOWN!"

[Jaded]

Hold, Kimmie, you were pretty selective in which pieces of disinformation you believed. Some of the items still have your finger marks permanently imbedded in them. So becareful when pointing fingers.

[KnutCase]

Simple answer: The parents are not on trial here. Westerfield is. Ergo, adnitted evidence must concern the defendant, not others.

[juzcuz]

VD/DW relationship--

See, I think that there was a relationship beyond cookie sales too. But, I think it had to do with the MH. I think the VD's were trying for a while to have it removed. Rich Brady who lived in the neighborhood didn't like the MH being there either. The MH ties into their relationship definitely...
Also, I don't think that they liked DW years before because of the MH. So here we have the cookie sales (Wed. or Thurs.)and all of a sudden Brenda is sooo friendly with DW. DW tells her he has plenty of $$$$$. She likes that too, she tells him about Dad's the following Friday... Notice then (Denise, Damon, Bill all change their plans) to accommodate Brenda and DW for Fri... DW a guy down the street that Brenda and Damon really don't like anyway.

[Freedom2specul8]

RR = Smut Radio

Human nature as it is, we should have expected nothing less from "rag radio". Back when many of us strongly protested the disgusting headlines et al, we knew what was happening then..and it's no different than now.

[the Deejay]

I didn't learn about the vdams lifestyle from
anything RR reported. I learned about it during
the prelim trial.

I've never listened to RR's and haven't read very
much of what was in print about his take on the
trial.

[is_is]

put me down for after lunch today.....if not today....then Wednesday....or if not....oh never mind......

seriously.....hung jury....Thursday afternoon

[Steve0113]

I had a mental image of a suited PR person holding a rabid Brenda and Damon on a tight leash. "DOWN Damon...DOWN!"

Now THAT's funny!

[Freedom2specul8]

Believing headlines, or wondering about headlines has NOTHING to do with leaks...and that's why I couldn't stand RR then and why I think he's a loser now.

[spectre]

Rick Roberts showed his real colors, Kim. Nothing wrong with us changing our minds about whose side he is on.

You trying to start a flame war, Kimmie? What's your point about Rick Roberts? He switched sides...AND you think our side should love him...still?!!

You never believed him about the Van Dams swinging life-style...BAWHAHAHAHA!!

sw

[mommya]

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

Thanks Miz - I missed it. What are we to read into that?

[ItsOurTimeNow]

"Ok...Now you're angry at DW! Seethe, dammit, SEETHE! Good Damon...here's a cookie."

[Freedom2specul8]

He had many people convinced that the vd's were having a big sex party while danielle was kidnapped. he said they regularly had sex parties (exageration according to testimony)...he broke the stories and then the rest of the media followed up. (the LE leak apparently told him something, and RR labeled them swingers..don't know the exact quote from the LE leak so we can't even confirm if RR twisted the leaks words..which is part of the problem) He was used as a source of information on the earlier VD threads and that's why some of us know about his involvement in the vd coverage.