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.

 

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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.

[small_l_libertarian]

I know that Gary is DW's friend, but he's the only other guy I can remember (and yes, I do remember the part about the phone number being right on the cop's notes - funny) from Dad's that testified about Brenda and Co. Could he be the blond guy that the Deejay is thinking of, because I'm almost sure that the cutie-pie is Ryan.

[the-gooroo]

You are so right. It's not always what you say, but how you say it.

[the Deejay]

http://courttv.com/trials/westerfield/witnesses-def.html

Both of the guys are on that page. The ones that were
being "invited" to the vdams that night. Ryan is the
younger one I was referring to. Duane is the name of
the older one w/blonde hair.

[Rheo]

I think the cutie pie is Ryan too.

Who is Duane Blake?..I show him on my defense list but no notation as to what he testified to....bartender?

[mouser]

just a thought on the reaction of the jurrors to the porn

if i was told i was going to watch some porn with 14-16 other strangers in a box while EVERYONE with a cable/court tv connedtion would watch ME watch the porn (you know your friends, your minister, and of course your SPOUSE) i think this could cause all sorts of emotional and nervis problems and reactions not to mention the subject matter anamation or not

[the Deejay]

Cutie-pie is Ryan. See my post w/link to ctv. Defense witnesses.

[Rheo]

LOL...I just asked small l who Duane was...thanks!

[the Deejay]

Ryan Tyrol, Dad's Café Patron

Said he arrived at Dad's at 9 p.m. on Feb. 1
Testified Barbara Easton and Brenda van Dam propositioned Cherokee Youngs and him, and that even though it was done in a joking manner, "when you get an invitation like that you take it serious"
Conceded that all parties concerned were drunk

[small_l_libertarian]

My bad. Duane is the person that I thought was Gary Harvey - but Duane is the guy I'm thinking of.

[the Deejay]

Duane Blake, Dad's Café Patron

Recalled seeing Denise, Barbara, and Brenda on January 25 and again on February 1
Said the ladies looked like they were "feeling no pain," and that Barbara and Denise "had their tail feathers up"
Testified he thought the men they were with were smoking marijuana, but that he only saw the ladies drinking

[Rheo]

That's right...the tail feathers guy....but did he testify to BVD wanting to take him home?

I remember he was the designated driver for his drunks...remembered what pot smelled like from his past....the gangs eyes were all red and he knows the signs.

[rolling_stone]

Since the cookie sales to the new next door neighbor came up, I recall there was no testimony from BVD about selling cookies to him on friday after she got home from shopping (and leaving Danielle in the store alone) and then left them to pick up the pizza, then Denise & Barb came over. When did the visit with the neighbor take place? Did I miss this?

I can't recall where the testimony about the new neighbor came in but believe it was at the PH and testified by a PD officer.

Here you can see the moving van:

http://rentalconnections.com/EatNails.com/Ned/pics/vdh_2.jpg

[the Deejay]

Duane Blake is the blonde guy. Photo is on the ctv
site.

Gary Harvey is on the chubby side, darkish hair &
slighty balding. No photo or bio on the ctv site.

[demsux]

no, sorry...it's just so I can find my place in the thread later.

[the Deejay]

Yes, he's the one that remarked he doesn't get that kind
of offer often.

[the-gooroo]

Don't forget, Damon said she was in the shower when the girls got there. What a woman!

[small_l_libertarian]

Got it. Duane was the guy I was thinking of (I thought he was Gary). I don't remember them trying to pick Duane up, though. Did he say that?

[the Deejay]

"When you get an invitation like that it's not everyday so I took it kind of seriously," said Ryan Tyrol, who testified that Brenda van Dam approached him and a female companion, Cherokee Youngs, Feb. 1 and invited them back to her house for sex.

Youngs told jurors last week that van Dam said of the young couple, "I wouldn't mind taking these two home with me."

Youngs' mother bolstered that account Monday, testifying that she overheard the conversation at Dad's Cafe.

"She was interested in having my daughter come over to her house to party," said Patricia LePage.


Patricia LePage

Westerfield, a neighbor of the van Dams' and fellow bar patron that night, is charged with kidnapping Danielle from her bedroom and murdering her. His lawyers have suggested that the van Dams' swinging lifestyle brought their children in contact with unsavory characters more likely to do Danielle harm than Westerfield.

When she testified last month for the prosecution, Brenda van Dam, a 39-year-old housewife and mother to two surviving sons, acknowledged participating in group sex in the past. But she said the night her daughter vanished was just a "girl's night out" with friends and claimed she did not make sexual advances to anyone.

Van Dam also denied having more than brief contact with Westerfield, a 50-year-old engineer, and specifically said she had never danced with him that evening.

But four defense witnesses who testified Monday morning contradicted that account and painted van Dam and her friends negatively.

LePage said she saw van Dam rubbing her "hip bones and bosom" against Westerfield while they danced.

When asked to describe van Dam's movements, LePage said, "There was a movie made called Dirty Dancing and I guess I'd have to say that."


Ryan Tyrol

It was unclear whether defense lawyer Steven Feldman would later argue that the contact explains fiber evidence linking Westerfield to Danielle's body.

Glennie Nasland, a friend of Westerfield's who concluded her testimony Monday morning, said he was wearing a black outfit at the bar. Westerfield took black pants and a shirt to a drycleaner for rush service the Monday after the abduction.

Tyrol said he saw van Dam sitting on the laps of several bar patrons and asking men to dance.

LePage, an outspoken woman who took the witness stand chastising Judge Mudd for the hardness of the hallway benches in the courthouse and once seated announced to the court that she had "pinned down" a timeline of events at Dad's, said she immediately noticed van Dam that night.

"She was all over the place," said LePage, terming van Dam "flamboyant." "Her actions were just...frisky."

Duane Blake, a 41-year-old fisherman also at the bar that night, said van Dam's friends seemed drunk and stoned on marijuana. (Van Dam previously admitted sharing a joint with her husband and female friends.) He said he spotted Westerfield and van Dam dancing in a way he described as "huggy."

"It looked like he was trying to pick her up?" asked defense lawyer Feldman.

"Pretty much so," said Blake.

Tyrol, a 22-year-old mason with bulging biceps and a passing resemblance to Brad Pitt, had the courtroom giggling as he tried to explain his own reasons for going to Dad's that night.

[Jaded]

If the jurors follow the law and the jury instructions and look at all of the evidence they must acquit.

[KnutCase]

Westerfield took black pants and shirt to dry cleaners after dancing with Brenda? Wouldn't you??????