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.

[the Deejay]

If DW isn't sure if it was Danielle, I sure wouldn't
have a clue.

Several neighbors testified that they had seen the
RV door left open & unattended. Including the nosy
neighbor that lives behind DW.

[the Deejay]

Cherokee Young is the bartender at O'Harlies(?)
Also the one Barb put her hand down the blouse
of.

[the Deejay]

Have the unsealed overturned motions been placed
online? If so, where can they be found?

[small_l_libertarian]

I thought that was another girl. Hmmm. I thought that Brenda and Barb just chased Cherokee around until she grabbed Ryan. I will go see what I can find.

[the-gooroo]

Rheo--I'll bet you're great at Trivial Pursuit. :) You're amazing! Judy--Good point. Maybe she'll think Dosuk's a jerk for going after Cherokee's mom (can't remember her name--Rheo?) about her pain medication.

[the Deejay]

Cherokee's mom's name is Pat LePage.

[Rheo]

Yvette Wetli

[the Deejay]

There were 2 guys that testified. Ryan is the older one with blonde hair. The other one is younger, has dark hair,
on the simi-spiked side. He was much smaller in stature
than Ryan.

[Rheo]

Yvette Wetli is the bartender....Cherokee Youngs is the gal who grabbed Ryan and told him he was going to be her boyfriend for the night cuz the sexgals were after her.

[Rheo]

Patricia Lapage

[KnutCase]

Since the prosecution cannot find ANY evidence placing their suspect, DW, in the bedrrom of Danielle at the time of abduction....and sniffer dogs cannot place Danielle in the MH on that weekend, this amounts to a lot of reasonable doubt. When you cannot connect the suspect and victim in the same place at the same time...no juror with a brain could send a man to death and still have a clear conscience. Let's go back to Square One and start with a new suspect(s) perhaps with more intimate knowledge of the victim. Anybody have suggestions?

[demsux]

bookmark

[small_l_libertarian]

Thank you, thank you, thank you.

[the Deejay]

You're right. I got the names mixed with the incidents..
I didn't take notes & just too many witnesses after those
two.

[KnutCase]

What does "bookmark" mean? Am I supposed to do something?

[small_l_libertarian]

I thought the older guy was Gary Harvey. Or Gary somebody.

[bolthead]

The following scenario appears to me representative of the entire proceedings:

During cross-examimation of prosecution witness.
FELDMAN: Did you do such and such?
PROSECUTION WITNESS: No.
FELDMAN: Why not?
DUSEK: Objection...Argumentative.
MUDD: Sustained...Do not answer.

During cross-examination of defense witness.
DUSEK: Did you do such and such?
DEFENSE WITNESS: No.
DUSEK: Why not?
FELDMAN: Objection...Argumentative.
MUDD: Overruled...Answer the question.

I also often detected what appeared to be contempt in Mudd's voice as he either overruled Feldman or sustained Dusek. This would not come out in written transcripts.

[the Deejay]

Going back to "Square One", one can eliminate DW right out of the chute. As for prime suspect(s) mine always has & will always be Damon VanDamit.

[Rheo]

Garry Harvey was DW's buddy..who left to go to get Yvette Wetli from the other bar....the guy who LEO said DW could not produce his phone number...but then lo and behold....it was right there in their notes that DW had in fact given them the number.

[the Deejay]

Exact synopsis of the entire trial, IMO.