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.

[Steve0113]

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. "

If her daughter had disappeared that night, and she had no idea what had happened to her, BvD would've re-lived (thought about) every minute of that evening a thousand times. "I can't remember" doesn't pass the sniff test.

[It's me]

Yes, it was. I actually got to read of the posts without scrolling down through most!

[Freedom2specul8]

If you had read the rest of the comments, you would realize that it was a polite question and not a flame question. Relax....we're not in an argument.

[Freedom2specul8]

That's awesome DJ...I did hear it. He's not going to play around. IMHO, the leak should have gotten in trouble back in feb..for enflaming the emotions of potential jurors.

[It's me]

Oh, Kim believe me I read the rest of the comments. Why ask that question at all? Who cares? Just discuss the case, okay? Thanks. Relax

[the Deejay]

Well, RR's has turned out to be a stinky BOMB for kfmb. This is not the kind of publicity they want. Don't be surprised if he gets the boot.

[Jaded]

I have knowingly and willfully seen her majesty Nancy Grace only once. That was on LKL the night that Dr. Henry Lee was on. She shrieked "And, and he STEAM CLEANED the entire inside of the RV". At this point Dr. Lee chuckled and said, didn't do a very good job of destroying the evidence did he. She was momentarily speechless. Less than 3 seconds I believe.

Henry Lee laughing at her was the high point of the show, IMO.

[John Jamieson]

I think "this other dude did it" is still a legit defense in this country.

[Politicalmom]

I have always liked Dr. Lee, for some reason. Sense of humor, maybe....

[Freedom2specul8]

I appreciate your view point, and understand why you think that.. but I think he's been hyperbolic from day one. I think the LE's version was twisted by RR himself. He took the truth and partial truths and stretched them to enflame the audience. He didn't just change his stripe.

[the Deejay]

Nancy Grace would be a lousy juror. She hears the
facts WRONG. (That also goes for the other court
tv hosts.)

[John Jamieson]

The testimony was limited to 8 days, you're right they only had two sex parties in those 8 days. I get real tired just thinking about it.

[Freedom2specul8]

Well, since the station is the cause of discussion and hearing today..I believe the topic is legit

[ItsOurTimeNow]

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

Sad, isn't it? Not to mention blatantly obvious.

[Jaded]

Mind, the station is NOT being called on the carpet for reporting twisted facts. They are being raked for reporting almost VERBATIM what happened. Mudd said so hisself.

[the Deejay]

"I get real tired just thinking about it."

ROTFL, ME TOO!

[Jaded]

Code shriek coming up...5...4...3...2...1

[fivecatsandadog]

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.

Weird, isn't it? I might have the timeline all mixed up but didn't Brenda say she called Damon at work to tell him about DW's mention about adult parties, because it was "so weird", or something like that? If this guy was so weird, why did she keep going back for more "cookies" and then invite him to their hangout? Something still stinks.

[Freedom2specul8]

Yeah, that was pretty stupid... I've heard her say some other idiotic things too. I guess accuracy isn't on ctv's agenda.