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?
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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.

[Yeti]

...spy...

Maybe they wondered because they were perplexed about directives they recieved from high-up to steer clear of the VDs and finger someone else if necessary to divert suspicion.

BTW -- is there any documentation of the spy inquiry? I didn't know she had been interviewed 4 times, or that she was interviewed on the day Danielle's body was found.

Something just hit me a minute ago -- Twin Peaks dry cleaners ... Who killed Laura Palmer? The wierdness factor in this case is somewhat reminiscent of the movie/series. It has certainly been surreal.

[the Deejay]

LE tried to find their smoking gun in the RV looking for
that earring back, remember?

Well, if they had her hair strands, blood on the RV carpet,
blood on his jacket, why would they need the earring back
as their "smoking gun"?

That earring back is most likely wedged down into the grass
at the recovery site. Those backs can get into some deep
hiding places real fast. I know from personal experience.
Just last night, I had one fall off in one of my hallways.
I spent a long time trying to find it and my hallways are
devoid of furniture, plants, etc.

[John Jamieson]

Don't forget a LE person was involved in the international porno ring.

[Rheo]

The spy question and the 4 interview days..including the pyschic were testimony of Detective Frank Gerbac 7/9 or 10th.....he interviewed Denise.

[the Deejay]

I've been fingerprinted in every state I've moved to
for a driver's license. Have never lived in KA though.
Never will, either.

[UCANSEE2]

You mean (Brenda) about the PJ's , or the circumstances when she first found Danielle gone ?

[carenot]

We have Barney Fife in charge of this investigation.

I think Deputy Fife would have lost his whole bullet.But how can anyone say a shell casing was mistaken for rat droppings? I mean, hamster droppings.

Or that they didn't know the difference.

[John Jamieson]

"Twin Peaks dry cleaners ... Who killed Laura Palmer?"

Wonderful thinking, the people on this forum are so intelligent!!!!!!

[the Deejay]

Do dogs like fish?

I don't think sniffer dogs are trained to sniff fish. Just for bodies, suspects, etc.

[UCANSEE2]

Something just hit me a minute ago -- Twin Peaks dry cleaners

I didn't say anything, but from the first moment all I could think of when talking about the Dry cleaners company name was that show and the Moose walking across the street.

[KnutCase]

Twin Peaks. Laura Palmer. You are one sharp Yeti. It takes some of longer to make connections in this case because LE keeps us off balance. Gotta take things slower and parse every sentence from detectives to know who's on first (my apologies to Abbot and Costello).

[Rheo]

Dorie Savage's testimony...PH and trial.

[John Jamieson]

more on Jessica:

Woman brought Jessica into clinic, about 9 miles away from Echo Park where she was abducted. Personnel recognized her, asked her name. Jessica said, "Jessica." They asked if the woman was her mother, Jessica said no. Clinic personnel then called 911.

[Rheo]

Thank God she is safe.

[the-gooroo]

OK--I'm confused. Are you guys (who think that Andy may have done this) saying that Damon and Brenda are telling the truth about the doors open-lights blinking -Danielle writing-dog not barking etc.? OR.. Are you saying they are in on it too?

[demsux]

My nine year old son has a metal detector, he could have found it.

[the Deejay]

Question about Jessica.

With the rash of child abductions, especially this summer, why would a parent/guardian/whomever, not pay close attention to a child at the park?

[JudyB1938]

And don't forget that a retired LEO was the head of a swingers group there.

[tdhjohnsmom]

That was one of my favorites too, quite a while back....Mason Profitt, wasn't it?

[the Deejay]

I'll summon your son the next time I drop one of those earring backs! LOL

I finally found it, but geesh! It took me a long time.