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]

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.

What if the 'new' neighbor is part of 'whatever' Damon is involved in? We know Brenda, Damon, Denise, Barb said Danielle was home. They are all established liars.

The 'new' neighbor might be in on things also.

So, maybe Danielle wasn't home. Maybe she ran 'away' before Damon got home, while Brenda was out buying drugs (I mean Pizza).

I know, the boys. Well, no one has any proof the police ever asked the boys if Danielle was home that night.

[the Deejay]

Transcript of the interview should be located at
Court TV on the Westerfield document site. I read
them there a while back.

[Rheo]

I had forgotten about that...Feldman must have been spouting as no one testified that Brenda tried to get a man for her man...altho, the implication could be there.

[JudyB1938]

Oh, yeah? Is that why you called yourself a KNUTcase - because YOU have lived so long? ROFL

[Rheo]

Which men?....did I miss something big here.

[the Deejay]

The way Damon put it, the new owners themselves
were doing the painting.

I think the BVD & Danielle jumping out and saying,
"Boo!" to Denise & Barb was on the 25th of Jan.

On the 1st of February, Danielle was at the kitchen
table writing in her diary.

[Rheo]

I had wondered if the new neighbors house hadn't been used for something...wonder if they were using blue paint at all?

[Lanza]

Yes, no finger prints in her own room. How amazing!! My children's fingerprints are very visible on anything mirrored or with glass in my home. Wipe it down, and they are back the next day. Don't they have a sliding glass door? They couldn't find her prints there? I suppose after DW wiped down her room, he also very quietly used that steam/cleaner vac of theirs to remove any other trace of himself too (while everyone slept like a baby to the hum of the steam cleaner). He's just so tidy as the prosecution tells us (you know that bleach thing... NOT).

[Rheo]

Nope...pinz posted Denise's testimony yesterday....they were outside and then at the table...magically transported.

[the Deejay]

The 2 guys at Dad's on the 1st of February. The ones
Barb & BVD were trying to take home (to BVD's) with them.
Besides, there was Cherokee Young that Barb tried to latch
onto for the night. (Barb thinking Cherokee is a lesbo.)

[UCANSEE2]

If I read this right, the JUDGE was overturned on the sealing of certain documents. That is why these affidavits were being released last night and today.

I.E. We have more evidence the JUDGE in this case is CORRUPT intentionally, or AN IDIOT. Wonder which it is?

[Rheo]

I remember Cherokee's friend Ryan...who was the other?

[the Deejay]

"We have more evidence the JUDGE in this case is CORRUPT intentionally, or AN IDIOT."

Hell's bells, I've known that all along about Mudd.

[small_l_libertarian]

I remember Ryan and Cherokee, but who was the second guy they tried to pick up?

[the Deejay]

Can't think of his name, but he was young and
cute. He's the one that turned the girls offer
down, and said something to the effect of "A guy
doesn't get that kind of offer all the time."

[iaf97]

What about Westerfield's comment to Redden about the child who poked her head into the RV? DW wasn't sure whether or not the child was Danielle. There was no follow up by the LE. I wonder if that child actually entered the RV and left a little DNA after she left? This might be the real smoking gun. Kids that age are so curious. If the door was open DW might have let her come in and look around.

[Rheo]

Naw....Mudd's interpretation was just too strict...so they decided to overturn him..now..at the end of the trial, while the jury is deliberating the fate of a man.

[Rheo]

That was Ryan....the comment made the judge laugh even.

[small_l_libertarian]

That was Ryan Tyrol. The only other person at Dad's who had a sexual sort of contact with Brenda and Co. was the bartender (can't remember her name) that Barb stuck her hand down that lady's blouse.

[KnutCase]

Yes, isn't it interesting that the judge has been overturned twice and this case isn't even over. Might mean overturned on appeal if wrong verdict comes in.