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.

[UCANSEE2]

You have been added. You only had to ask. WELCOME !

[the Deejay]

Agree. I do think they wanted to "hear" his spoken
words, to see if his demeanor sounded like that of
someone trying to hide anything.

On the facetious side, maybe the jury wants to hear if
DW says anything like; "While I was assaulting her, on
the RV bed, her head was banging, banging, banging on
the heardboard!" (Ala Dusek's closing arguments.)

[small_l_libertarian]

LOL! Wasn't expecting that!

[fivecatsandadog]

that's it!!!! Yeah, it was the static, and and uh, I just thought Damon said to go for it, yeah, and don't waste any time, yeah, that's it... (slaps cell phone)

[KnutCase]

If I knew I was totally innocent of a crime and the police requested an "interview", my first reaction would be to tell them at the outset, "I am acting as my own attorney if charged, and my first act will be to race down to the courthouse and file a motion to suppress everything discussed in this interview. Now, first question please?" No doubt, they would go back to the precinct and await further instructions.

[small_l_libertarian]

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.

I think you're right, and I'm going to interpret this as a good sign.

[ItsOurTimeNow]

Gracias!

[demsux]

Speaking of Gracias...did you know that Diane Halfman's "other" name is Diane M. Gonzalez. Don't know if it means anything, but there are some great sleuths on this site.

[KnutCase]

The longer I sit here and think about it...we are right. They could study the transcipt with a magnifying glass if they wanted to. But try a magnifying glass on an audio tape. Can't do it, can't read it, can't see the words, gotta HEAR the words.

[UCANSEE2]

In re: NASTY GRACE.

YES, she also said there are too many blacks on death row, we've got to even this up!

My suggestion. We put middle age white COURT TV Commentators that used to be prosecutors in jail. That would even up the odds better!

[demsux]

Does anyone have a link to Feldman's opening statement? I've looked and looked and can only find dumsek's opening remarks.

[Rheo]

I didn't know that....details!!

Why was her name changed or is it a married name??

[KnutCase]

Try www.courttv.com.........I'm sure you'll find it since they have both closing arguments

[UCANSEE2]

The DNA LE used to make comparisons came from her rib bone marrow. The panty DNA was used for the MH and jacket.

I wonder, was the DNA from her body ever compared to the DNA from the underwear

[Jaded]

Hey the redden tape is still available if you have 45 minutes to listen to DW being interupped by Redden.

[ItsOurTimeNow]

Now, if her last name was Avilla, THAT would mean something! lol

[Rheo]

afternoon3, Aug 6

SignonSanDiego

[pinz-n-needlez]

"The longer I sit here and think about it...we are right. "

You're right Knut! And we're all good looking and modest too! LOL

[the Deejay]

Innocent or not, NO ONE has to talk to the police.
And I wouldn't, not without an excellent attorney
with me.

[ItsOurTimeNow]

Try here:

http://www.signonsandiego.com/news/metro/danielle/index.html

This is where I get all of my archived info and transcripts from.