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.

[Rheo]

Naw....why would a business need to bother with their business name on receipts..use post it notes or apparently blank paper.....maybe they were saving up to buy receipts with the business name on them but needed to replace the defective printers first.

It's no dang wonder the 12 year employee didn't know the address of the business..wasn't printed on anything. :-)

[UCANSEE2]

If Danielle ran away, did so do so in her pajamas?

I Believe it was in her 'new sparkly' outfit her mother just bought.

I thought it was stated no other clothing of hers was missing.

The only ones that would have made that statement were the (liars)Van Dams. We do know that there were 'sparkles' on the carpet, but I did not see any mention of the NEW OUTFIT.

Did police ask about the new outfit? I haven't seen that so far, either.

Perhaps others can settle that issue.

[Rheo]

Maybe the spy question came up because they had doubts about ANDY.

Good one!

Do you recall offhand how long Denise had been living next door to Babs?

[the Deejay]

"It's no dang wonder the 12 year employee didn't know the address of the business..wasn't printed on anything."

Not even on her paychecks for the past 12 years? She never took notice in all that time? I'll bet she always noticed the amount paid. Weren't there address numbers on the front of the shop itself? She is just an idiot, to not know the address of her 12 yr. employer.

[Rheo]

Has never been mentioned outside the sparklies on the floor.

[juzcuz]

He could innocently return to the scene of the crime with Denise without arousing any suspicion. You're right, his prints and DNA would already be in the house, because he's been partying with them for years.

Also, the best revenge is a subtle one. If you really want to get to someone the last thing you want to do is put that person on guard against you. If he was smart, he be as amiable as possible.

[the Deejay]

LE didn't consider the new sparkles outfit relevant.
Therefore, it was/is moot.

[itsahoot]

When you have a glitch and put in backup register, or reinstall
the POS software, you may not have the time to re-establich the
by-store configuration info.

Wonder why the state did not use their "Computer Experts" to nail
this issue down? Maybe they were afraid it would be exculpatory.

Naw that couldn't be the reason, they were probably just looking
out for the tax payers money...good servants.

[UCANSEE2]

It's beyond me why the police didn't take a closer & longer look at the vdams.

Let me put it within your reach, then.

The Van Dams had A CLOSE PERSONAL FRIEND, retired (SDPD) policewoman Diane Halfman (Gonzalez) by their side from the first moments Danielle disappeared.

This woman was also a CLOSE PERSONAL FRIEND of the SDPD INVESTIGATORS on the case.

The Van Dam's also had the benefit of A RENOWNED PUBLIC RELATIONS Team they hired from the first moments of Danielle's disappearance.

Later, they fired this PR team and hired another one, one that is the largest in the United States, one that had Susan Winterstein as their agent. Susan also seems to be a CLOSE PERSONAL FRIEND.

It would also seem that DORIE SAVAGE may be a CLOSE PERSONAL FRIEND of the VAN DAM'S.

That is only the ties we know about.

Does that help?

[Lanza]

I forgot. Who is Dorie Savage?

[UCANSEE2]

LE didn't consider the new sparkles outfit relevant.

Just like the whole case. The REAL evidence is either IGNORED or DESTROYED.

Police: "Gee, her PJ's are lying here on the floor. There are SPARKLIES on the floor, but the NEW OUTFIT she just bought is missing. Therefore I conclude she was wearing her PJ's when she was kidnapped from this bedroom."

[demsux]

I'd really like to know if Andy Kemal is still in the good ole USA.

Doesn't even have a phone number anymore.

[Rheo]

The forensic tech that did the VD home...didn't know about the blood on the stairs in PH...at trial..she had collected those samples...found the shell casing on Danielle's floor the next day after the VD's put up the dog gate.

[the Deejay]

Yep, that helps. And I can still hear that train whistle & the train rolling down the tracks that keep saying;

"David A. Westerfield is being railroaded."

[spectre]

Well, If DW didn't "do it", then we have to consider someone at the house did. (The percentage for that happening favors UCS's suspicions).

We can imagine probably about a half dozen really good ways the girl disappeared from the home. UCANSEE...I am not saying that she wasn't there that night, because I don't KNOW anything that can help you out with that. The boys could have lied, or maybe not even have been questioned? The cops know, tho.

I am hung-up on the "no finger prints of hers in her own bedroom". Didn't she put on her PJ's? Didn't she go into her dresser, closet, toychest..touch the headboard? Her shoes? Someplace they could have lifted a print from?

They wanted to pin this on DW...so what if they CLAIMED they didn't have any of her prints..but in reality LE lifted a print and transferred it to DW's MH above the bed?

I'm sorry, guys, I'm NOT the Tin Foil Hat type...it's just this case needs a second look.

sw

[UCANSEE2]

I forgot. Who is Dorie Savage?

SDPD Investigator. I believe specializes in FORENSICS. Found/interpreted(placed) evidence that was used against DW.

[crypt2k]

LE didn't consider the new sparkles outfit relevant. Therefore, it was/is moot.

So Danielle presumabley was wearing pajamas that shed these "sparklies" during her abduction?

[Lanza]

Thanks Rheo.

[the Deejay]

Wow! I didn't realize the sparkles outfit is missing!!
I assumed it is still in her closet.

[the-gooroo]

I have to agree with you dj. When you go back and read those transcripts from PH and trial it is sooo obvious that the VD's thought they had this whole thing down pat. Except they were backed right into a corner because if you believe their story, DW would had to have been hiding in Danielles BR for a couple of hours. No way!