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.

[Rheo]

"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

Well, if this doesn't bear repeating!!:-)

[ItsOurTimeNow]

Consarnit Rheo... you beat me to it!

[ItsOurTimeNow]

Consarnit Rheo... you beat me to it!

[small_l_libertarian]

There are only a couple of reasons I can think of that they would want to hear the tape, as opposed to reading the transcript.

1. They want to assess, like you said, his demeanor. His manner, tone of voice, etc.

2. They don't trust the transcript(?). (Don't necessarily believe that one myself, but it's a logical reason.)

That's about all I can think of. Any other ideas as to why they might want the tape?

[Rheo]

Does that mean I beat you twice??

[dread78645]

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

Yes. And it matched.

[UCANSEE2]

was it urine stains or vaginal excretion?

The latter. It's a tell-tale sign of sexual abuse. It was used as a DNA source, which urine would not provide.

Sorry, Steve, this was not the case. URINE in itself may not contain DNA, but the crotch of the underwear would contain skin flakes, sweat, urine, all kinds of material which would provide a source for DNA.

The LE that took the sample said it was a stain.

It was not identified as VAGINAL DISCHARGE except in the terminology that urine is discharged from the vaginal area in general.

If you go back and read the testimony, you will find that the same was taken because the LE could tell the panties had recently been worn. NOT BECAUSE of ANY PARTICULAR STAIN.

NOW, having said that, is it possible that the stain could have been a vaginal discharge? That Danielle could have been a victim of sexual abuse? YES,YES.

BUT IT WAS NOT STATED IN TESTIMONY, and we are trying to stick to the TRUTH.

[Rheo]

To hear the route and the "we"

On a side note...while traveling to ND last month...by myself for the first time in 15 years...I found myself saying "We" a few times...hmmm.

[KnutCase]

You may have misinterpreted my post #425. That would be my way of saying to the police, "I'm not talking. Get outta here...NOW!"

[UCANSEE2]

which urine would not provide.

Wrong about this too. We found information stating that DNA can be garnered from URINE.

[UCANSEE2]

. 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. 344 posted on 8/13/02 12:00 PM Pacific by alisasny

I agree about the 'truth'. However, the panty DNA did not prove what you are saying. See my post above.

I am not saying she wasn't abused, but the TRUTH is that the dirty area in the panties was not ID'd as vaginal secretion, especially a kind resulting from abuse.

[angelgirl]

Can someone tell me how David Westerfield became the suspect in the very beginning? What made them suspect him? Is it possible at this point that the VD's can be tried as suspects once David is hopefully acquitted?

[small_l_libertarian]

Maybe we're talking at cross-purposes here. I was going on the assumption that they already know about the route and the "we." What, exactly do you mean? For example, do they want to see if the "we" sounds suspicious to them, or like an innocent slip of the tongue?

[You know what? Now that I typed that out, it sounds very reasonable to me, too. Is that what you meant?]

[the Deejay]

And you would be right, as well as within your rights,
not talking to the police. I am constantly amazed at
just how many people go ahead and talk to LE without
an attorney. And not telling LE "Get outta here.....
NOW!"

[VRWC_minion]

Found guilty on any Friday.

[demsux]

Not sue if it's a maiden name or not...looked through deeds on San Diego County website...there was one trust deed where her name changes from/to gonzalez.

[Jaded]

Sometime with in the first 14 hours Brenda VanDam said something to LE. This was misrepresented/embellished in the affidavits in order to obtain search warrants.

And in the last set of affidavits that were released SDPD requested the affidavits be sealed NOT Feldman. As we have seen representations made by David Westerfield have largely proven to be true. Representations/leaks made by LE largely HAVE NOT.

[Rheo]

That is what I meant.....they may want to hear the context in which the "we"s" were used or if he tried to cover it up or if it is an innocent slip.(I can attest that it happens)

I hope they also ask for Brenda's testimony where she states..I wish THEY had taken something else besides Danielle.

[VRWC_minion]

If I knew I was totally innocent of a crime and the police requested an "interview

Call an attorney before even nodding your head. Anything more is dangerous.

[dogbyte12]

Can someone tell me how David Westerfield became the suspect in the very beginning?

I believe it was because he was spotted hosing down his RV the very next day. Police suspected he could be trying to destroy evidence that way. Somebody correct me if I am wrong.