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.

[the Deejay]

The "we" doesn't sound nearly as suspicious as
BVD telling 911, "She had green eyes." Plus,
she & Damon made a few more past tense phrases
in their interview with LKL. I think it was back
in February.

[demsux]

thanks, but i'm looking for his opening statement, not closing.

[Rheo]

It was because his hose was not rolled up but laying in the grass and when they peeked in his windows..his house was clean.

[bvw]

Wheels not allowed.

[Rheo]

Dang...if I could read you probably said that in the original post..be back soon with your info.

[ItsOurTimeNow]

Here's a question:

If Dusek is claiming that DW entered the house through the garage door that had been left open, what was the point of Damon showinf LE his little "magic trick" with the magnet on the sliding door alarm?

[small_l_libertarian]

Probably anything that I reply to your question is going to come out sounding sarcastic, but I promise it isn't meant that way.

He's single. He wasn't home. He left his hose laying across his lawn. Seriously. Other than those things, I can't remember anything the police said (at the time) about why he was a suspect. Maybe someone else does?

We found out later that, apparently, Brenda gave the police some info at some point that weekend that made them want to search his computer (see the affidavits for the search warrants). Bizarro. What would Brenda have to say that would make the police want to search his computer?

[the Deejay]

Well, on the 4th of February, BVD could tell LE
wasn't moving fast enough finding the perp, and
Brenda pointed the finger at Mr. Westerfield.

Hence, that's when LE moved in on him. And, alas,
he had been the only neighbor that had been gone
all weekend.

[small_l_libertarian]

Gotcha. :-) Thanks.

[ItsOurTimeNow]

LOL...I was driving to Chi-town for a trade show (by my self) and my wife called asking what was going on. I replied that "we're" driving around looking for a place to eat. She flipped out.

[the Deejay]

Opening statements begin on June 4th.

[Rheo]

The Feldman opening is afternoon of June 4...the sandiego transcripts for his opening are typed up goofy...try somewhere else.

[VRWC_minion]

Wheels not allowed.

I just figure Friday would be a good day if you were a jury to announce a guilty plea. no need to work the next day and could chill out for a few days. If innocent or hung then any day would do.

[small_l_libertarian]

Some have speculated that he was trying to tinker with or erase completely the "open door" logs on his alarm system's computer chip. I find that whole episode way beyond suspicious. And the way it was brought out in court was sooooooo phony and set-up.

[Rheo]

In my case, it was very innocent...can't vouch for you tho.:-)

I have no problem believing that DW, on a trip he usually took with others, would make that slip.....or else we are criminals too???

[VRWC_minion]

I would guess primarily opportunity. All the other homes had been searched and other neighbors checked out. He was only one missing right after her disappearance. I would definately want to question him further.

[dogbyte12]

I am still baffled as to how a drunk Westerfield didn't leave a fingerprint, take a pee, disturb the dog, etc... snatch Danielle all with nobody in the house noticing, the very first time he was in the house. My spidey sense tells me he is involved, but I would have to acquit on the evidence presented due to reasonable doubt.

[small_l_libertarian]

Whoops! (I probably would have been all over my sweetie for a "slip" like that, too!)

[the Deejay]

Dusek's opening is all run together, but
Feldman's is spaced (for easier reading.)

[alisasny]

Bizarro. What would Brenda have to say that would make the police want to search his computer?

Very bizarre! Specially since she "doesnt really know him."