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.

[NatureGirl]

...we have still have two wonderful boys to bring up

"Oh, well. Best two out of three, eh?" < /sarcasm>

[Freedom2specul8]

I never said I didn't believe it, I said on a regular basis that I hope the rumors and allegations weren't true. He showed his true colors back in february to all of us.

[It's me]

Man alive...if this trial has taught me one thing, it's that San Diego is full of irresponsible airheads (Present company excluded, of course)...I'm embarrassed to have been born there.

---

Well! Not exactly full maybe half full though! I was about to take offense until I saw your disclaimer! ;)

[the Deejay]

I, also, posted when it happened, that RR & Co
were the ones behind the photo taken of Neal
Westerfield. The judge confirmed that today.

[fatima]

Amen

[Freedom2specul8]

WRT:neal's pic..that was awful wasn't it. They (we could also call them the rich rag company) are 1st rate idiots who are only out to increase ratings, get bigger bonus checks and to enflame the emotions of listeners. They aren't one anyone's side.

[demsux]

Regardless of what you or I think of RR, the FACT is that he was correct on certain issues with regard to the VD's lifestyle.

The swinging/swapping

Drugs (he mentioned cocaine and I suspect that is true...these people had been drinking all evening and are still up and at it at 2 am.

Brenda grinding away on the dance floor with all takers.

Garage door with lock reversed.

He was fed some "solid" information, which someone has since told him to "ignore".

[Jaded]

You know that's almost funny. There have been people who actually KNOW LE in and around San Diego, that heard it from LE themselves. Not Rick Roberts. Do you think KFMB sends out radiowaves that penetrate people's brains? Better put that tin foil hat back on.

Testimony about the lifestyle was limited by Mudd. There was testimony that they were trolling for sluts too. So, really, one must make an inference based on circumstantial evidence. Guilty.

When you have the time, explain Saint Nancy Grace. That'd be interesting.

[The Other Harry]

I am convinced that there was a whole lot more to their relationship.

If I was a juror, I would certainly suspect that to be the case.

To me, this part sounds like an outright lie:

Dusek: "Do you remember any "further contact" that night?"

BVD: "I can't remember, its been a long time, I've been through a lot. "

I think there is something more there. I'm not sure what that is, but I don't believe Brenda for a heartbeat.

[fivecatsandadog]

You're right... separate the articles and discard them in a manner not all that unusual, not to draw attention, and anywhere outside of your home territory. If Westerfield was trying to hide anything, why would he take his stuff to the cleaners and draw more attention to this "evidence"? I think Dusek is grasping at straws. Unless they can show absolute physical evidence that DW was in Danielle's bedroom on that night, I don't think the prosecution has a leg to stand on - that is, if the jury is thinking objectively.

[Jaded]

Sure they are. They are on THEIR side. It's the only one that counts. It's not like he's a brain surgeon either.

[Freedom2specul8]

If what people are saying is true, grace defended clinton. How can you explain her? GAG

"There have been people who actually KNOW LE in and around San Diego, that heard it from LE themselves--Jaded"

I believe the LE leak to a local radio station is a separate issue from LE spreading what they know to family and friends.

[Freedom2specul8]

Ditto--I was going to point out that they were on their own side, but figured I defined it.

[It's me]

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

---

Oh Kim, don't start. Yesterday we had a nice day. Please don't bring in your irritations.

[theirjustdue]

Miz, please put me down for Monday, 8-19, 11:00 AM. TIA

[Steve0113]

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

I cracked up at that until I realized that, except for the cookie, his behavior was probably rehearsed just like that.

[Politicalmom]

It was lovely and peaceful, wasn't it?

[fnord]

FresnoDA has posted occasionally the initial RR show 'inside info' about the VD lifestyle. Going through it point by point, it has virtually all been proven out as true. Maybe he can post it again ...

However, the vast majority of leaks and rumors were decidedly anti-DW, but conversely, virtually all of it has proven to be FALSE. hmmmmm.

So this made him the major focus after the media clampdown, and LE started making threatening remarks about investigating 'leaks'.

It was also about this time that polls starting showing two things: increased name recognition for RR, and a decided majority thinking DW was guilty. Guess he figured out which way the wind was blowing ...

After his initial, mostly true, reports (the truth of which indicates actual insider info), he has been as hyperbolic and inaccurate as the rest of the media. This is the main reason for FReepers' change of attitude about him (despite what others may be claiming).

[the Deejay]

Mudd did say this morning, there's still an
internal investigation going on with the RR/kfmb
station. And I'm sure he meant the court is
doing the investigation.

(Stay tuned, folks!)

[Freedom2specul8]

I think he was partially correct--(no admission to regular sex parties--so we can only speculate--I'm not saying they didn't have them of course.)....I betcha that the leaks version was a lot more BORING than RR's version.

The LE leak KNEW that RR would trump up the charges against the vd's....because he has that kind of reputation.