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

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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.

You know, Kimmie, I really hate it when this happens... but...You need to look up the transcripts and jury instructions. Quit shrieking child porn. The rape clip was ANIME/HENTAI.

Recently I had the opportunity to participate in a mock jury for this case. We read the jury instructions. Very interesting.

On the porn charge originally it was majority guilty. Then we read the testimony of Lawson, Watkins and Neal. The key part of the law was knowingly possess. The experts stated that there was no pre-pubescent porn. So it was questionable if any of the girls were under age. Some of it was Neal's. The "rape video" was hentai, so it didn't matter. It was also recovered from a deleted file and on Neal's computer too. Also some of the pics the showed in court came from Neal's computer.

Kidnapping- There is NO proof he kidnapped her. Exculpatory evidence in the VD home. No dog hits on the Westerfield home, SUV or RV, 180 Frank aside.

Murder- Could not happen with out the kidnapping. Except if she was murdered inside her room. Then there are no special circumstances. Again, exculpatory evidence. The bug guys, no dog hits. There is too much reasonable doubt. Actually one of the participants was convinced from the beginning that David was guilty. Until that person listened to the testimony. However, there was one participant who was convinced of his guilt on an emotional level and would not be swayed by evidence and justified this position with statements that supported reasonable doubt. Hope the jury doesn't have to slog through that sort of thing.

It was an interesting experience. Glad I'm not on the actual jury.

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No Decision From Westerfield Jury

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