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.

[Jaded]

If you listen to the whole tape he just says things like that. When he didn't remember something he said "I don't recollect." Average folks say I don't remember.

People tend to forget that grammar/speech patterns vary based on age, socio-economic status, education and demographics. Sheesh, not every one does Kalifornia casual tacky valley upspeak.

[demsux]

Alrigh Rheo,

Here goes...

Who ties this whole gang together?

ANDY KEMAL...Denise's ex-husband...works with DVD at qualcomm as does Bill Libby, they become "close" friends, both husbands and wives.

Denise KEMAL introduces Barb to DVD/BVD...Barb becomes close with DVD, NOT BVD, as BVD didn't like Barb talking to Danielle.

Denise and Barb have both "done" DVD, only Barb isn't married...so Barb has no relationship to ruin through these activities.

Unfortunately, ANDY/DENISE KEMAL are/were married until their divorce, which occurred coinicidentaly on Jan. 31.

I've always said that this crime was committed for one of the following reasons:

Money

Drugs

Kidnap for ransom

REVENGE

Serial Killer

The one I want to focus on is REVENGE...

Who was cast out of the reindeer games and lost his marriage due to the "swinging"?

ANDY KEMAL...the girls were out partying that night celebrating the finalized divorce from that asshole...In your face ANDY.

BTW, ANDY KEMAL does not seem to exist on the internet, usenet, phone books, etc.

[the Deejay]

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

ROTFLOL! Hilarious and so true!

[KnutCase]

Yes....in the South they pronounce oil, "awl"....and grits is a two syllable word in Mississippi. These are not putdowns, just my observation from travels.

[the Deejay]

Hey! If you were Andy, would you want everyone to know you actually had sex with Brenda? DW had his shirt & pants cleaned. The ones he was wearing at Dad's when he danced with BVD!

[ThreeYearLurker]

666...the number o' the beast...

[UCANSEE2]

For all those that believe that NO MOTHER COULD BE INVOLVED in the disappearance/death or PIMPING OUT of their daughter,then just press here:

Isn't She Pretty?

[demsux]

Isn't it eerie...

[the Deejay]

I don't have the 666 under my post, but you do!

[John Jamieson]

The murder and dumping of Danielle had to be acomplished by more than one person, no matter who was involved.

I believe she was snached from her house on 2/1 or 2/2, abused, and either keep alive or in a frig for 10 days. Dumped at Dehesa after 2/12.

A. Westerfield could be involved, but he could not have dumped her, so he had to have help. I'll bet Neal was under watch, too.

B. Damon could have easily dumped her (on 2/16), but Brenda would know, and so would his boy friend.

C. Brooke L. Rowland had two buddies in SD (one LE) who would help him, but one was arrested 1/27, that leaves the LE guy. Rowland would have to have dumped her before he was arrested at midnight of the 15th.

The secret of this case is finding the house and/or frig where she was kept. Everything else will fall into place.

[UCANSEE2]

ANDY KEMAL...the girls were out partying that night celebrating the finalized divorce from that asshole...In your face ANDY.

You know, I think you hit on something everyone else missed. Something very possible. Good Job!

[John Jamieson]

Don't forget orange fibers and bleached blond hairs in the back of DW's SUV.

[demsux]

Thank you, thank you...it makes sense!

Unfortunately, andy kemal is like a ghost on the internet, usenet, etc.

The name Kemal is interesting in it's own right. It appears to be indian/iranian/middle eastern...where they cut off body parts for certain crimes.

I wonder if Andy called the VD's on February 16?

[juzcuz]

Good logic-- very possible--

Where was Andy on that Fri. girls night out. Andy would have been familiar with the inside layout of the house, since the previous sex party's. Andy and the VD's were intimate friends for as long as he was married to Denise-(3 years?) In that time Andy would have had ample opportunity to establish a relationship with Danielle, the boys, and the dog. He might also have had a key to the VD home, or he might have known that the house was never locked.

[the Deejay]

"B. Damon could have easily dumped her (on 2/16), but Brenda would know, and so would his boy friend."

If one of them squeals, all three would go down.

[Freedom2specul8]

I know it can happen...do you think brenda did it to danielle?

[John Jamieson]

I'd just bet that Barbara knows all the answers!

[itsahoot]

I think I would trust the forensic experts quoted in the article I
posted over something from the media

Maybe this expert could finally affirm that extra footprint that
the famed Dr. Henry Lee swears he found at the O.J. crime scene.

[John Jamieson]

Damon seems much more likely.

[the Deejay]

BTW, just where are the "matches" to those orange & blue fibers?

As well as the owner of those dyed blonde hairs?