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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: small_l_libertarian
If he deleted it could he still "knowingly possess" it? Boy, if that is not a gray area…

401 posted on 08/13/2002 12:41:26 PM PDT by james_hayes
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To: james_hayes
Your question just torqued my brain! I don't know - I would think that would be "knowingly dispossessing" it, but they used deleted files against him in court.

(Must-have-Advil...)
402 posted on 08/13/2002 12:44:22 PM PDT by small_l_libertarian
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To: John Jamieson
JJ...you are right...the only reason for porn charge was to point to a possible motive. Without porn charge, what motive could they lay on Westerfield? Inquring minds need to know.
403 posted on 08/13/2002 12:46:01 PM PDT by KnutCase
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To: small_l_libertarian
Okay, thanks.
404 posted on 08/13/2002 12:46:38 PM PDT by NatureGirl
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To: james_hayes
If he deleted it could he still "knowingly possess" it?

It's a very frightening aspect.
405 posted on 08/13/2002 12:49:10 PM PDT by NatureGirl
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To: KnutCase
Didn't Dusek hint around in his closing that Brenda had spurned him, causing him to kill the girl? Just as silly.
406 posted on 08/13/2002 12:51:59 PM PDT by John Jamieson
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To: John Jamieson
Yeah, the thought of Brenda spurning anyone IS silly!

(Sorry - had to say it!)
407 posted on 08/13/2002 12:53:20 PM PDT by small_l_libertarian
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To: small_l_libertarian
LOL
408 posted on 08/13/2002 12:53:49 PM PDT by John Jamieson
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To: small_l_libertarian
Wash 'em down with a nice bottle of wine.
409 posted on 08/13/2002 12:54:12 PM PDT by the-gooroo
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To: John Jamieson
Yup...right agin
410 posted on 08/13/2002 12:54:12 PM PDT by KnutCase
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To: John Jamieson
Kafka-esque. The whole trial is absurdity upon absurdity.

G-d strengthen the Jury, and grant them wisdom to cull the kernels of truth from the chaff.

411 posted on 08/13/2002 12:54:23 PM PDT by bvw
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To: the-gooroo
:-)
412 posted on 08/13/2002 12:55:28 PM PDT by small_l_libertarian
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To: KnutCase
"I heard it. He was casual, relaxed, not uptight or tense. In fact he calmly answered all questions."

Yep. He sounded like someone trying to assist the police.
He probably thought all the neighbors had been giving police
interiviews downtown. And that's the what I got from that tape the first time I heard it.


413 posted on 08/13/2002 1:00:55 PM PDT by the Deejay
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To: ~Kim4VRWC's~
"I think he was partially correct--(no admission to regular sex parties--so we can only speculate--I'm not saying they didn't have them of course.)...."

Hilarious! Do you ever bother to even read a transcript of this case? So, Du-knees calls it "swapping"--but it was still a sex orgy. It was admitted in court in testimony. Look it up.

414 posted on 08/13/2002 1:01:45 PM PDT by MizSterious
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To: small_l_libertarian
Yeah, the thought of Brenda spurning anyone IS silly!


"Gotta ten foot pole ?"

415 posted on 08/13/2002 1:05:19 PM PDT by dread78645
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To: dread78645
Or a Haz-Mat suit?
416 posted on 08/13/2002 1:09:10 PM PDT by NatureGirl
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To: ~Kim4VRWC's~
"I will NOT reply in kind, just so you know. I take it all the personal attacks with a grain of salt."

....and a quick mash of the "abuse" key!

Maaaaaa, the big kids are pickin' on meeeeeeee!

417 posted on 08/13/2002 1:12:37 PM PDT by MizSterious
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To: MizSterious
check freepmail
418 posted on 08/13/2002 1:14:00 PM PDT by pinz-n-needlez
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To: the Deejay
Since DW did not testify in his own defense this is the ONLY way the jury could get a "feel" of what DW is like, his attitude, demeanor, how he reacted to questioning (read "grilling" } by police. I don't think they wanted to know the content of the interview, they could get that from transcripts or their notes...they asked for an audio tape. That tells me they want to hear his spoken words. Got to be a reason there. What might it be? Apparently some jurors are skeptics when it comes to just written words.
419 posted on 08/13/2002 1:17:39 PM PDT by KnutCase
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To: All

Update on the informal verdict pool: What's your best guess for when the verdict will come in? (actual verdict prediction optional and not recorded)

There is no "prize," but the winner(s) get to be called "winners" and have the right to say "I told you so;" we're still negotiating about "neener neener neeners."

THE LIST SO FAR

MONDAY AUGUST 12TH

Small-l-libertarian
Countess - By 4 pm
FresnoDA - Afternoon

TUESDAY AUGUST 13TH

It's Me
Pyx - Mid-afternoon

WEDNESDAY AUGUST 14TH

Mommya - 2 hours after jurors come in
Mr.Stiv - Before lunch break
MizSterious
Dave in Upland - Between noon & break
Basscleff - Afternoon
I.Ben Hurt - Afternoon

THURSDAY AUGUST 15TH

Shezza - Before lunch
Mrs. Liberty - Noonish
Domestice - Afternoon
JRabbit - Afternoon
Henrietta - Afternoon
is_is - Afternoon
Lauratealeaf - 2 pm
Rheo - 3 pm
ThreeYearLurker - 3 pm

FRIDAY AUGUST 16TH

Pinz-N-Needlez - Morning, first thing
The Other Harry - 10 a.m.
Krodg - Morning
Calawah - Before noon
Demsux - Noonish
Cappsmadness - Post noon
Nycgal - 3 pm
Jaded - Afternoon

MONDAY AUGUST 19TH

dread78645 - Midmorning
ItsOurTimeNow - 3 pm

TUESDAY AUGUST 20TH

Lucky - 11 am
Gigi - Morning
A Garrett

WEDNESDAY AUGUST 21ST

John Jamieson
Ucansee2

THURSDAY AUGUST 22ND

Fnord

FRIDAY AUGUST 23RD

(None)

MONDAY AUGUST 26TH

(None)

TUESDAY AUGUST 27TH

(None)

WEDNESDAY AUGUST 28TH

L,Towm

(Note: All times PDT; if this thread gets real long, you might want to send your choices via freepmail or post them on the Refugee site--often I quit reading them when they're very, very long.)

420 posted on 08/13/2002 1:23:09 PM PDT by MizSterious
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