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No Decision From Westerfield Jury: Deliberations Continue Tuesday, August 13, 2002
KGTV ^ | August 13, 2002 | KGTV

Posted on 08/12/2002 10:16:25 PM PDT by 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.

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alt Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
VERDICT COVERAGE
DANIELLE VAN DAM 1994-2002
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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.

Video
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Video Jury Has To Consider Question Carefully
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Click Here For Video Help
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

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.



TOPICS: Society
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To: spectre
Please don't.
321 posted on 08/13/2002 11:47:17 AM PDT by John Jamieson
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Comment #322 Removed by Moderator

To: All
About the dna taken from the childs underwear...

was it urine stains or vaginal excretion?

The reason I am asking is because my own child same age has the former occasionally as little kids are not into being very clean yet....

I am sure you have all covered this but I do not know where to find this info.

Secondly, and for the record I believe DW is innocent. I have read as much as my time would allow on this case and right now I believe beyond any doubt he is innocent.

323 posted on 08/13/2002 11:47:26 AM PDT by alisasny
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To: John Jamieson
OK, JJ...for you, I won't!

sw

324 posted on 08/13/2002 11:49:55 AM PDT by spectre
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To: John Jamieson
I will NOT reply in kind, just so you know. I take it all the personal attacks with a grain of salt.

325 posted on 08/13/2002 11:50:32 AM PDT by Freedom2specul8
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To: alisasny
The DNA LE used to make comparisons came from her rib bone marrow. The panty DNA was used for the MH and jacket.
326 posted on 08/13/2002 11:50:42 AM PDT by John Jamieson
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To: ~Kim4VRWC's~
You REALLY don't understand our judicial system do you? If you say "Feldman didn't create doubt" or "The jurors cried", I am going to scream.

IF the jurors convict on emotion, they are breaking the law.

Feldman doesn't have to create doubt.
327 posted on 08/13/2002 11:50:44 AM PDT by Politicalmom
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To: alisasny
It was her own secretions..used to identify her DNA.

sw

328 posted on 08/13/2002 11:51:18 AM PDT by spectre
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To: ~Kim4VRWC's~
It doesn't seem desperate at all, if it WAS Neal's. Lawson proved that at least some of it was. How is that desperate?

It seems to me that the one who is desperate is Dusek, trying to create a motive out of thin air.
329 posted on 08/13/2002 11:51:27 AM PDT by small_l_libertarian
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To: alisasny
was it urine stains or vaginal excretion?

The latter. It's a tell-tale sign of sexual abuse. It was used as a DNA source, which urine would not provide.

330 posted on 08/13/2002 11:51:28 AM PDT by Steve0113
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To: ~Kim4VRWC's~
Thanks.
331 posted on 08/13/2002 11:51:28 AM PDT by John Jamieson
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To: ~Kim4VRWC's~
Yeah, I just hate it when you start those personal attacks Kim...it's so upsetting...please stop.

sw

332 posted on 08/13/2002 11:52:54 AM PDT by spectre
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To: the Deejay
That is so weird. I tested the link in "preview", and it worked. Do a copy and paste in a new window. It works that way. At least it did for me just now.

http://www.geocities.com/SiliconValley/Grid/6511/bub/bubbles.wav

No biggie though. It's just that the sound of bursting bubbles is so appropo to show how I feel right now.
333 posted on 08/13/2002 11:53:12 AM PDT by JudyB1938
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To: Politicalmom
"IF the jurors convict on emotion, they are breaking the law."

Exactly correct.

334 posted on 08/13/2002 11:53:21 AM PDT by the Deejay
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To: Politicalmom
The tears simply reflected TRUTH.
335 posted on 08/13/2002 11:53:39 AM PDT by Freedom2specul8
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To: The Other Harry
I think there is something more here also. Considering the fact that Brenda more or less directed LE to Westerfield, one has to wonder WHY?
336 posted on 08/13/2002 11:54:25 AM PDT by tdhjohnsmom
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To: alisasny
If you check transcripts I think you will find that police forensics found numerous other DNA in Danielle's bedroom that was not Danielle's. All they said was that other DNA found in Danielle's bedroom excluded Westerfield. Why no followup on other DNA??? A real mystery to me.
337 posted on 08/13/2002 11:54:47 AM PDT by KnutCase
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To: VRWC_minion
If she has a Qualcomm phone, who knows?
338 posted on 08/13/2002 11:55:39 AM PDT by bvw
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To: JudyB1938
Got it to work. LOL It sounds like one of my
toilets (at times.)
339 posted on 08/13/2002 11:55:59 AM PDT by the Deejay
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To: KnutCase
"Why no followup on other DNA???"

Because it didn't fit the DA's neat little fabricated case.
340 posted on 08/13/2002 11:58:32 AM PDT by ItsOurTimeNow
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