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
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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.

[Politicalmom]

That mature? My eight year old son knows better than that.

[JudyB1938]

LOL Did you check her profile? She really is 15 years old. :0)

[NatureGirl]

Convict the bastard, already!

Tsk tsk. Such language from a fifteen year old!! Maybe you should go play with your horsey, and let the adults talk.

Or, you could go spend several days reading transcripts and looking over evidence then get back to us, mmmmmkay?

By the way, your TV lies to you.

[small_l_libertarian]

You believe the porn was his, even though the computer expert (Lawson) proved that Neal was the one surfing the web and checking his email at the time that much of the porn was downloaded, much of the porn was found on Neal's computer, some of the porn was anime/hentai (which Neal is a big fan of), and some of the porn was surfed while DW was at the police station with the police?

Sorry, I can't make that leap. Not trying to be combative, but don't know how you could come to that conclusion.

[bvw]

That's what the profile says. But that's just a profile -- not tree rings, ya know.

[pinz-n-needlez]

Tee hee. But I forgot, "Then I went...?" "And he was like....?"

We ought to start writing the script for the Freeper Made-for-TV version of this tale.

Fres can do the still shots. lol

[Krodg]

How much time would he get for the porn, if he was convicted?

[KnutCase]

Looking at adult porn is not a crime. Downloading child porn is. However, remember that Feldman challenged the jury to look at ALL images of what prosection called child porn. In fact, police expert would not call it child porn, only that it borders on child porn. In other words, not proven to be child porn, therefor no crime here regarding computer images? Hmmm.

[John Jamieson]

Someday, she'll be called to jury duty and be required to make a logical determination of someone's guilt. For now she can just rant.

[VRWC_minion]

Bright kid.

[John Jamieson]

200 hours community service, working with kids probably.

[NatureGirl]

I have no trouble with him being convicted of that charge

If the porn was indeed LIVE ACTION underage porn, then yes, I too believe he should get a guilty. I understand that it was most likely Neal's, but if the law says he's responsible for what's going on under his roof, then the law should be followed.

If the porn was of girls of "questionable" age (eg 18, but looks younger), or were hentai (animated, not live), then the porn charges should be dropped.

Someone here suggested that the porn charges had to be tied in with the kidnap/murder in order to supply motive. I think they should have been tried on their own, if at all.

[Krodg]

Actually, I was wondering if by the time appeals were done, whether he would have already served his time.

[small_l_libertarian]

Actually, the law says that he has to "knowingly possess" child porn for it to be a crime. So, no, the law doesn't say that he is responsible for everything that happens under his roof.

[John Jamieson]

Even CTV said the prosecution didn't care about the porn charges; THEY HAD SERVED THEIR PURPOSE!

[JudyB1938]

He'll probably die of a heart attack while incarcerated if this goes to appeal. The reason I say that is because he's overweight and has been a drinker. Plus all of this stress, if on an innocent man, would be enough to make anybody drop dead!

[John Jamieson]

Could be anything from nothing, to one year I think.

[the-gooroo]

Just to be clear, when Brenda said she didn't remember any "further contact" she was referring to the first night at Dad's, Jan. 25th. That was one week before Danielle disappeared. Your point is still valid, a perfect example of selective memory.

[CedarDave]

Thank you so much for the detailed answer. Now, I have to return back to work before the boss man comes in and looks over my shoulder!