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.

[Rheo]

I have the opening...I can send it to you...also check your freepmail

[Green]

Thanks! Now I'm off to read the transcript. I am very confused about this after reading this thread today.

[JudyB1938]

There are too many unanswered questions LEFT by the DEFENSE! I was really disappointed that Feldman did not clear up the puzzle. However, I do understand that his hands were tied by that biased judge!

[rolling_stone]

the empty house was not empty on friday as they sold cookies there also...we didn't hear more about that but IMO should have.

[the Deejay]

Well, his statement of "I've never been invited"
could be the way a SD native would answer a question
like that. Different parts of the country have
different ways of stating things.

Besides, I know DW is way above the vdams on a
social scale. I do see the vdams a "trashy."

[the Deejay]

Oh I'm sure there are a good deal more things Feldman
would have like to have gotten in. But as you say,
the judge kept knocking him down.

I was absolutely appalled at the judge's treatment of
Feldman during the closing statement. As well as during
the trial itself.

[the-gooroo]

You are absolutely, 110% correct! (IMHO)

[Rheo]

Except that officer corrected his testimony as the vacant house wasn't vacant...in fact..ole Damon ran over to the new neighbor to see if he had seen Danielle, who might have sleepwalked...this is the new neighbor that said in an interview, he met the VD family Friday night and bought cookies from Danielle.

There were also several homes in the neighborhood that were not searched, per testimony.

[gigi]

Check post #499

[MagnoliaMS]

I'll take 4 o'clock on Friday, August 16, if it's not already taken.

[the Deejay]

No, I don't think this jury will be like that.

[bvw]

Does a tunip have a high enough IQ to know the difference between listening and reading? When we say "sounds like" that means listening. When we say "reads like" that means reading. Right?

I mean if one has a turnip with an IQ enough to think it strange to answer "Did you go to any of the parties?" with "I was not invited" rather than "No", wouldn't that same smart turnip know the difference between "sounds like" and "reads like"?

Did you read or hear the Redden questions to Westerfield?

[VRWC_minion]

For sale sign ?

[the Deejay]

Damon said the new neighbors hadn't moved in yet,
but had been in there painting. (They weren't
actually living in it.)

[VRWC_minion]

Except that officer corrected his testimony as the vacant house wasn't vacant

Which in any case still backs up the last two houses to be searched which started this whole thing.

[clearvision]

There have been several comments on why DW became a suspect. In requesting search warrants LE said that during their initial interview with DW he made two conflicting statements with Brenda. One about the father-daughter dance that at that time Brenda said she did not tell DW. The second was his comment that the kids were all over the house (in particular the garage because wonder dog HOPI was "interested" in the garage, but did not "hit") and Brenda insisting that they were only in the living room and by the pool. Because Brenda was considered completely honest, DW was assumed to be lying.

[Lanza]

I bet the new neighbors regret that purchase big time.

[JudyB1938]

Maybe it's because I'm old myself, but I was impressed by the one juror who said she was too old to be shocked by anything any more. In other words, I believe she won't be reluctant to fully examine the "dirty" part of the testimony.

Another thing about this jury, somebody related that the regular jurors aren't the ones who cried. It was a couple of the ALTERNATE jurors. That's a comforting sign, too, that the panel will not rely on emotions rather than fact.

[Rheo]

You are right.