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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
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.
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.
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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What decision do you think the jury in the David Westerfield trial will reach? |
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Guilty on all three counts Guilty of kidnapping, murder Guilty of possessing child pornography Not guilty on all three counts Hung jury
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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.
TOPICS: Society
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To: KnutCase
Isnt that the interview were he said we?
If that is what they are wanting to here than it is not good for him.
To: John Jamieson
I got so tired of minnie's harping on bugs and Kimmie's harping on porno, but I think you're right about her concerns in that area. She had the pulse of it but couldn't quite put her finger on it, IMO.
It is the Van Dams who appear to be the culprits, not Westerfield. That cable they cut and removed certainly adds to the suspicion that they were involved in that world-wide porno ring that had two participating members in their area making REAL videos of themselves raping little girls.
To: JudyB1938
See my post #360
To: KnutCase
Plus, I think the jury wants to "hear" his
demeanor during that LE interview.
To: tdhjohnsmom
good point here.
I was reading Denise's testimony last night. Feldman brought out in cross that Denise didn't even mention DW in her interviews on Saturday.
Seems to me that it wasn't until they decided to point the finger at dw that anyone even remembered him and his activities during the week/night before Danielle 'allegedly' went missing.
Also interesting is that the defense had a very difficult time getting the prosecution to send over her interview transcripts so that they could prepare for cross. Hmmmmm.....
To: JudyB1938
She is barred from the courtroom including questioning of jurors after the verdict. He ripped her and her station pretty good. CTV doesn't like what he did and is in a tizzy.
As far as Redden,s tape, I'm unsure. Maybe they wanted to hear from DW.
366
posted on
08/13/2002 12:15:26 PM PDT
by
Krodg
To: Jaded
It was nice while it lasted. Wasn't it though? But like all vacations.......never long enough.
To: bvw
Oh, I gotta see Miss Nasty if the verdict comes back "not guilty." I'm sure she'll turn 14 shades of purple before she even gets to the head spinning/exploding part.
That'll be nice...
To: the Deejay
I heard it. He was casual, relaxed, not uptight or tense. In fact he calmly answered all questions.
To: Krodg
I think you're right. Some jury is saying "Well, he didn't testify, so he must be hiding something". Others say: "listen to the tape again, he says just about evering there".
To: Politicalmom; KnutCase
Thanks to you both!
To: NatureGirl
LOL. Like, "HOney, I went to the neighbor's house to peddle our wares, you know, the one with the motor home that we always complain about whose name I don't know?"
"And I asked him if I could check out his knobs?"
"And he invited us to a party?"
"And he's desperate, so we can set him up as the fall guy if anything bad happens in our life?"
"And he's rich, so can I go out with him this weekend, will you cancel with Bill?"
"Bill can come too, and you can babysit, k?"
To: FresnoDA
Guilty, guilty, guilty, guilty! Convict the bastard, already!
To: ~Kim4VRWC's~
that was me asking a question
i remembered something about a dog at the recovery site but cannot fine where (maby a bad memory)
i belive i read it about the time 180 frank testified
i think it was a posted news article
the article was about how the dogs were not reliable because one at the recovery site did not hit and she had lain right there my thought if there was a dog there it was to find westerfield's scent
sorry if i caused any confusion
if any of you with better search skills want to find it or remember it good luck
there are 3 sure signs you are getting old first you get forgetful and i don't remember the other two
374
posted on
08/13/2002 12:22:34 PM PDT
by
mouser
To: John Jamieson
Or maybe they are debating whether or not he could have dumped her body during that time period. Of course, then they would have to explain why there was no bug activity until much later.
To: the Deejay
You're right. Court TV reporterette said that in the courtroom the criers were indeed alternates.
To: John Jamieson
I believe he should have testified and owned up to the porn charges. Others have said he would have gotten time served as the sentance for that.
Some of you doubt the porn was his. I believe it was his. I have no trouble with him being convicted of that charge.
To: belleoftheball414
You seem to have the mind of a 15 yearold.
To: pinz-n-needlez
Good job! I could really hear the "Val Speak". I didn't use enough question marks, I guess.
To: alisasny
SC made it moot after he was arrested. It will never stick.
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