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No Decision From Westerfield Jury: Deliberations Continue Tuesday, August 13, 2002
KGTV ^ | August 13, 2002 | KGTV

Posted on 08/12/2002 10:16:25 PM PDT by 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.

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WESTERFIELD TRIAL
VERDICT COVERAGE
DANIELLE VAN DAM 1994-2002
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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.

Video
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Video Jury Has To Consider Question Carefully
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Click Here For Video Help
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

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.



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To: demsux
Playing the opposition:

How do we know that Andy isn't the one that divorced his airhead, slut of a wife?

What if Andy was so disgusted by the fact that he slept w/Brenda and who knows who else and didn't want to have anything to do with the "gang" anymore?

Andy can't be found cuz he is in a mental ward for untreated VD??

The timing is good...1/31 the divorce is final, 2/1 Danielle is missing, 2/2 Andy drives Denise to the neighborhood...revenge and the hopes of reconciliation w/Denise??

What else do we know about Andy?...he was in the house Halloween of 2000..knows the layout of the house....may know the alarm is not activated w/a company...knows the dog?...was Andy with Brenda or Damon??

681 posted on 08/13/2002 4:57:09 PM PDT by Rheo
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To: demsux
where they cut off body parts for certain crimes.

someone or something had Danielle's foot.

682 posted on 08/13/2002 4:58:14 PM PDT by crypt2k
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To: John Jamieson
Damon and Barbara. Damon has been the prime suspect at the top of my list since the prelim. I won't let go of him as a prime suspect, either.
683 posted on 08/13/2002 4:58:36 PM PDT by the Deejay
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To: UCANSEE2
i was thinking someone brought deneese back to the van dam house the next day where the le talked to her i was thinking that was her xhusband
684 posted on 08/13/2002 4:59:30 PM PDT by mouser
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To: mouser
It was her ex-husband Andy that brought her to the neighborhood the next afternoon.
685 posted on 08/13/2002 5:00:37 PM PDT by Rheo
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To: Rheo
I don't know enough about Andy to place him anywhere.
For all I know, he doesn't live in SD since just prior
to the divorce. No one has said very much about Andy.
686 posted on 08/13/2002 5:01:08 PM PDT by the Deejay
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To: Rheo
Andy--

If I'm not mistaken Denise went to the VD's that Sat. afternoon after Damon called her. She arrived at the VD's with Andy in the car. What was Andy doing with Denise, the day after their divorce final.... Was it just out of concern for Danielle or more?????
687 posted on 08/13/2002 5:01:32 PM PDT by juzcuz
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To: demsux
Do you suppose that is why Denise was interviewed 4 different times?...including the day that Danielle's body was found?....did they have a reason to be inquiring about Andy from Denise?

And why did Denise have a taped interview with a pyschic?? (still curious about that one)

688 posted on 08/13/2002 5:02:25 PM PDT by Rheo
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To: Rheo
Guess I didn't know Andy brought Denise to the
neighborhood that next day. Hmmm. I don't know.
I still don't know much about Andy. Not enough
to speculate.
689 posted on 08/13/2002 5:02:43 PM PDT by the Deejay
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To: juzcuz
Makes that question a little more interesting now with demsux's great theory, doesn't it?
690 posted on 08/13/2002 5:03:36 PM PDT by Rheo
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To: juzcuz
Perhaps the divorce was amicable?
691 posted on 08/13/2002 5:04:17 PM PDT by the Deejay
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To: ~Kim4VRWC's~
do you think brenda did it to danielle?

No. I don't. I think Brenda is involved in covering up, and Brenda is the main reason for the police going after DW, in order to keep attention away from the truth of what happened.

I think Danielle ran away from home. I think Damon was off playing paintball with another girlfriend. I think Brenda was out buying drugs (I mean pizza).

I think Brenda went out with Denise/Barb and got them to lie about Danielle being home.

I think the neighbor either was confused about the day or that Brenda came over selling GS cookies without Danielle.

I think the parents are covering up for not being responsible and knowing their daughter had 'run off' many times before.

Brenda 'admitted' she left the 3 children home alone to go get the drugs (I mean pizza).

Damon said he was home, but then why would Brenda admit she left the kids 'alone'??????

692 posted on 08/13/2002 5:06:11 PM PDT by UCANSEE2
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To: juzcuz
She arrived at the VD's with Andy in the car.

Sometimes the perps like to watch "the action"...just like an arsonist.

His prints, semen, dna, etc. are already in the house...as a friend AND he wasn't there the night before.

693 posted on 08/13/2002 5:07:26 PM PDT by demsux
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To: mouser
i was thinking someone brought deneese back to the van dam house the next day where the le talked to her i was thinking that was her xhusband

You are correct. ANDY drove DENISE back to the VD's the next day to be interviewed by POLICE.

694 posted on 08/13/2002 5:08:12 PM PDT by UCANSEE2
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To: the Deejay
People get so shocked and offended when one questions if the parents played a part in DVD's disappearance (especially commentators on CTV). They all rattle on about how their sex lives had nothing to do with it, and how dare anyone even suspect the VDs! Well, we have been worried about the media's impact on the jury with the Runion case etc. Let's hope the jury was watching the tube last week and heard about the people arrested involved in the child porn ring and it was their own children they were abusing. It's not a stretch to suspect it, knowing how they live already.
695 posted on 08/13/2002 5:09:16 PM PDT by Lanza
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To: Rheo
Q: YOU HAD A RECEIPT FROM A DRYCLEANER'S?

Must be owned by the unknow comic, otherwise should be a name on it, don't you think?

696 posted on 08/13/2002 5:09:43 PM PDT by itsahoot
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To: UCANSEE2
If Danielle ran away, did so do so in her pajamas?
I thought it was stated no other clothing of hers was missing.
697 posted on 08/13/2002 5:10:13 PM PDT by crypt2k
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To: Rheo
BTW, Rheo...your question about the "spy" is what made me look further into Denise's background.

What nationality is Andy, maybe he is middle eastern (read: swarthy). Maybe the spy question came up because they had doubts about ANDY.

698 posted on 08/13/2002 5:10:59 PM PDT by demsux
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To: Lanza
Go to post 667 for more info.
699 posted on 08/13/2002 5:11:02 PM PDT by UCANSEE2
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To: Lanza
I heard where it's like 79% of parents that are the perps.
It's beyond me why the police didn't take a closer & longer look at the vdams.
700 posted on 08/13/2002 5:12:57 PM PDT by the Deejay
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