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.

[UCANSEE2]

I know you are fairly informed on this case. So sometimes when someone asks a question, I use the opportunity to really fill in details.

I don't want you to think I was being condescending or thinking you were totally uninformed.

[KnutCase]

Police at first did not know it was a shell casing. They thought it could have been a hamster pellet.. Found out two weeks later there was no hamster, so disregarded the shell casing as nothing to bother with. I can live with that.

[Rheo]

mailcall...disregard 2nd one...it was a boo boo

[the Deejay]

No, the pj's didn't have sparkles, the new outfit she was
to wear to the father-daughter dance had sparkles. I only learned the sparkles outfit is missing.

[crypt2k]

DW would had to have been hiding in Danielles BR for a couple of hours.

Did Ninja Stealth David bring along a pee-bottle to wait out the long period of hiding?

[mouser]

their has been a lot of discussion as to when she actually dissapeared if their is a new outfit with sparkles that would tend to support the shopping trip story

[crypt2k]

No, the pj's didn't have sparkles, the new outfit she was to wear to the father-daughter dance had sparkles. I only learned the sparkles outfit is missing.

So TWO outfits are missing - the PJ's and the new sparkles dress? Did she put on her dress over her PJ's and step out of the house?

[the Deejay]

Condesending?? Not at all did I think that!! I must admit, I am getting older (but then, who's getting younger?), & some things get right past me. I don't too bad of a job keeping on top of trials, but the bigger ones,
well, things tend to get jumbled. Especially, if I don't take notes (as a jury does.)

[the Deejay]

I think the sparkles thing is a blouse w/pants. Don't think the pants had sparkles, just the blouse.

[KnutCase]

Remember Damon had to use a steam cleaner to remove urine from the carpet. They blamed the urine spot on the dog! How stupid of us. It wasn't the dog after all! It was David Westerfield. Maybe he did leave something at the house. Hmmmmm.

[Dave_in_Upland]

Anyone with an IQ greater that a turnup is going to realize that anything but a no answer is going to raise concern by the police.

Well I guess I am just plain stupid then because I would have probably answered the same was DW did. Do I get to be hung along side of him?

[Rheo]

OMG...the hamster is missing too?

Ya big knutcase!!

[bolthead]

I don't recall any testimony about the sparklie outfit being missing. If it was missing, someone should have been asking questions about why no sparklies in MH or SUV or in DW's house or along sidewalk between VD's and DW's.

[the Deejay]

I'll tell ya something else, I honestly believe all of those tears of BVD's are a ruse. And when you see her crying, it's because she knows Damon is guilty & this trial against DW is a farce but can't say a bloody word.

[crypt2k]

So the sparkles blouse is missing, implying Danielle left the house with it. There should be loose sparkles in DW's van and MH then.

[Rheo]

Since when has the info come out about the sparklie outfit being missing??

How did I miss this info??

[Dave_in_Upland]

If I was a juror on a case like this I would make sure I was right when I had to decide the persons fate. To let an innocent go to jail means another child is in harm. Could be my child.

Thank you, thank you, thank you. I wish more people would understand that bloodlust does not solve the problem, revenge is a poor emotion. What we must be concerned with is that it does not happen again.

[UCANSEE2]

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

My earlier post was a hypothetical discussion by police.

THe TRUTH is that it was not STATED whether the outfit was there or not. We don't know if the police even ASKED about the outfit or it's whereabouts.

We only know Brenda SAID she bought it that day, that there were SPARKLES from it on the floor, and that the VD's said Danielle was wearing her PJ's, but there were PJ's laying there on the floor. Damon stated Danielle had the covers pulled up so he couldn't see if she had on her PJ's, then later he claimed she did. LIAR, LIAR, all of them.

[KnutCase]

I've not read anything about sparkles blouse missing. Where did this info originate?

[the Deejay]

I only just learned about the outfit missing from
UCANSEE2.

I don't think Brenda was asked by any attorney where
the outfit is (currently.)