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.

[ItsOurTimeNow]

Yeah, Nancy Grace sounds a lot like BOTH my toilets. LOL

[NatureGirl]

Brenda say she called Damon at work

"Oh, honey! That weird neighbour just asked me if we wanted to go to an 'adult party' at his house...You don't think he could have meant anything rude, do you? That's scary! And, by the way, he told me he has lots of money, so can I go out and get really drunk with him sometime? Maybe I'll tell him about cruising gay bars in San Francisco!..."

Of course, the call broke up at that point. It sounded like static, but was really the sound of the wind whistling through Brenda's ears.

[Jaded]

IT WAS NEAL'S READ THE TRANSCRIPTS. Watkins himself the prosecution expert said that porn was surfed by Neal, downloaded by Neal and on Neal's computer. Some of what was shown to the jury was from Neal's computer. THe attack clips were on Neal's computer and they were DELETED FILES. What PART DON'T YOU UNDERSTAND? Did you see the jurors? Or was it just River Run? Even David was surprised at what was found. Sheesh. You get testimony and still spin it. Are you River, Nancy or maybe Brenda?

[alisasny]

Actually its sad. This child was not first abused the night in question.

Thanks to those who responded about the panty dna.

Someday the truth will come out.

[bvw]

Sacrifices on some false altar of "law and order" pass for conservatism to some folks, including a contingent on FR that was present a while back but that has been silent on these threads for some time now. Perhaps the deep love that nearly all FR regulars have for the truth, has paused them ... perhaps ...

[Politicalmom]

EMOTION, not truth. The truth is the "attack" videos were NOT real children.

[Jaded]

There is NO child porn. Only of questionable age.

[CedarDave]

Yours is at least the second request for this information. I'm interested in this development regarding the jury deliberation, also. BUT YOU HAVE TO SHOUT LOUD AND OFTEN TO BE HEARD ON THIS THREAD AMONGST ALL THE CHATTER.

[Jaded]

It was nice while it lasted.

[bvw]

That is a thought swirling in my head as excellently as the fabulous "exploding heads"!

[JudyB1938]

That's a good mental image, too. A lot of this case IS of toilet quality! LOL

[the Deejay]

Only thing bad as a Liberal, is one the tries to
fool the public by trying to "pass for a conservative."

[pinz-n-needlez]

Spec, check your Freepmail. Give your bp a break. LOL

[dread78645]

The tears simply reflected TRUTH.

T I L T

[John Jamieson]

The really sad thing about the porno issue is that we now know that the situation is far worse than Kim thopught. Others living in the same town, at the same time, were systimatically sexually abusing young girls to produce real child pornography for profit.

[JudyB1938]

I keep looking for the answers in Mrs.Liberty's Post #314, too ...

"Can anyone briefly encapsulate what Mudd said to little river today, or what the outcome was, and also remind me what was in Redden's testimony that the jury might find interesting?"

[the Deejay]

I'll betcha anything, the jury doesn't even
look at the porn. Prolly saw all the needed
to see in the courtroom.

[the Deejay]

The only jurors that "cried" watching the porn were
a "few of the alternates."

[Politicalmom]

She is out permanently, although Mudd knows it will be appealed, and I understand he bawled RR out as well. And he revealed that it WAS RR that took Neal's picture.

[KnutCase]

I'll only respond to you question as it pertains to Redden testimony. Jury asked for rereadind of 45 minute tape by Redden when he interviewed DW. The entire interview concerned the timeline of DW's whereabouts on that Saturday. DW gave him a detailed accounting of his path from home with SUV to pick up MH, then back home, then to the Strand. etc. My thoughts on this: the jury may be questioning why ANYONE would drive around with a body in a MH coming in constant contact with other people, park rangers, private security guard, etc. etc. It doesn't make sense. The fact that the jury asked for this particular tape may be slightly in DW's favor.