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.

[dread78645]

Ladies and gentlemen. My nomination for the van Dam qoute of the week:

Not to worry, around here someone will correct you even if you are right.

[KnutCase]

But he did! He did! Dusek said so.

[Rheo]

I have always enjoyed your posts...and this is another good one.

[UCANSEE2]

Didn't Dusek hint around in his closing that Brenda had spurned him, causing him to kill the girl? Just as silly.

Brenda didn't spurn DW. DW spurned Brenda.

The only one spurned by Brenda that night was BILL LIBBY!

So why didn't they arrest HIM?

[the Deejay]

Hmmm. It appears, someone has totally removed
Feldman's opening statement.

Wonder why.

[VRWC_minion]

Haven't you seen that quote in context?

Yes and even before Feldman Dusek mentioned it in his closing I posted here that it jumped out at me and I thought it was really odd.

It sounded very much like a man that was trying not to lie. You and I would have answered very clearly "Hey no way. Not me. I wasn't ever in that house."

This is as close to asking the question "Did you do it ?" that I can think of without asking. Anyone with an IQ greater that a turnup is going to realize that anything but a no answer is going to raise concern by the police.

At the time, how did he know they didn't have a print or something that tied him to the home ? If he simply answered no and their was some proof of his presence he would be caught lying. But if instead he answered in a way that leave the door open he could manufacture some excuse that he was in garage or something to borrow a tool or something.

[the-gooroo]

Thank you! Thank you! THANK YOU1 That has bothered me since I heard her say it. Not to mention CTV replays the clip over and over again without one commentator noticing it. Another part of that statement that bothers me is that Brenda never says her daughter's name--she says, "I wish THEY would have taken anything except HER."

[alisasny]

You would let a child killer go free because the state didn't have enough evidence for you?

Maybe this is the problem with the jury system.

In case you didn't see my earlier posts I believe that Westerfeld is innocent. I did not come to this conclusion lightly either.

If I was a juror on a case like this I would make sure I was right when I had to decide the persons fate. To let an innocent go to jail means another child is in harm. Could be my child.

[Jaded]

Does this sound weird to you? Well it's normal for me.
read: spoken like a true engineer

[VRWC_minion]

One other neighbor apparently was also missing..but he didn't leave his hose out

Really ? I remembered reading that there were two houses not searched. One was the empty home that was for sale and the other was Westerfields.

[Rheo]

Feldman had it in his closing arguement too and told them to look at the testimony....hopefully, they listened.

Thanks for correcting her statement....Her...sounds so removed.

[VRWC_minion]

Doesn't sound to evasive or Clintonian to me.

Respectfully agree to disagree. It did just that on my reading of it.

[bvw]

"It sounded very much like"

Did you read it or listen to it? Other than this you seem to be saying you read this part of transcript or selection from the transcript.

[UCANSEE2]

And, alas, he had been the only neighbor that had been gone all weekend.

I believe this is another LE misstatement. There were other neighbors who were gone that weekend.

[Krodg]

I was looking for it too. Thought I was going crazy.

[VRWC_minion]

But, according to Dusuck's closing statement, it wasn't a short period of time.

Standing in the shadows of the garage or maybe sitting on the floor ? What am I leaving behind ? I don't get it. Even the guests that night didn't leave behind anything.

[Southflanknorthpawsis]

Did you notice that within the question he was asked if he ever went to any barbeques (or something close) at the Van Dam's to which he replied......"I was never invited." Did you notice?

I hope the jurors notice. That's what counts.

After the big dramatic scene Dusek made over what he purposely distorted far out of context, I hope the jury recognizes his dishonesty and desperation.

He carried on as if that part of conversation was akin to a confession. Absolutely pathetic!!!!!!

[VRWC_minion]

Why don't you just say it from your heart like the young tyke did.

Because I think its tragic for Westerfield as well as for Danielle and the parents. I wouldn't get any satisfaction from a guilty verdict, just sadness.

[the Deejay]

I want to say Feldman's (now missing online) opening
statement is very suspect to me.

Also, it appears Dusek's is spread out so far, one
needs a 60" monitor to read it.