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
Results | Disclaimer

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.

[JudyB1938]

They had those leashes for kids when my own kids were little. They always horrified me, treated children like dogs. I thought the parents were too lazy to watch their kids. I sure wouldn't think that now.

[the-gooroo]

It doesn't fit with Damon saying that he was frantic that morning and was calling everyone they knew, except the pizza partiers. According to Denise, she found out about this around 2:30pm when DVD called on his cell phone. Why didn't he call to find out if they noticed anything when they left the night before???? Th VD's HAVE to be involved.

[Rheo]

My folks used one of those harness things on my brother when he was little so he wouldn't go near the lake while they were working in the yard.

Still remember him running around in that harness tied to a tree....the good ole days.

[bvw]

I'm pretty sure he had both a "Numbah One Son" and a "Numbah Two Son" --- beyond that I don't know. BTW some van Dam case stuff coming up on Fox News H+C.

[Yeti]

the people on this forum are so intelligent!!!!!!

You know, I noticed that too! Alot of very smart folks on these van Dam threads.

In particular, I have noticed an unusually high percentage of intelligent, lucid women.

[UCANSEE2]

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

From what I heard, it had the same continuity as Brenda's testimony in the PH and Trial. NONE.

[KnutCase]

I thought it was Numma One and Numma Two. Did I get the wrong translator. Next time I'll hire from Bejing instead of Taipei.

[the-gooroo]

Hannity said the other night that he thinks DW is guilty.

[carenot]

Your head would explode over this case...let me know if you have questions.

Dogs prefer cat food over the dog food. Cat food has lots of fish in it. If you have a dog, check it out.

[bvw]

Boo hah, bro, boo hah.

[the Deejay]

Dialect? I think for the word 'very' they Charlie Chan
would say 'velly'.

[KnutCase]

Ditto for O'Reilly tonight. He said the same thing! Don't they follow these cases, or at least have someone on staff to brief them so they don't appear uninformed, or worse, stupid.

[Rheo]

What if they didn't notice Danielle was missing until the morning?...they still had to cover for damon being gone the night before....Rich was called at 10am by Brenda thru Liz who then called Keith.

I still find it strange that LEO had damon call Denise...why didn't he call them all first thing in the morning to ask if they saw anything when they left?

Still trying to work the Andy angle...damon still fits best.

[demsux]

It doesn't fit with Damon saying that he was frantic that morning and was calling everyone they knew, except the pizza partiers. According to Denise, she found out about this around 2:30pm when DVD called on his cell phone. Why didn't he call to find out if they noticed anything when they left the night before???? Th VD's HAVE to be involved.

That is a good point...DVD didn't call the people that were in the home at 2 am, first thing when they discovered her missing

MAN, is that telling

[KnutCase]

Velly goo, velly goo, Deejay. You can go to the head of the class.

[JudyB1938]

http://www.autopen.com/charlie.chan.shtml

4 sons and 1 daughter

Snippet from the website (sounds like you guys):

"My experience as a criminal trial lawyer turned out to be different from what I expected. However, over the years I have learned that the finest prepared lawyer, the one with the biggest advantage, is the guy who does the best investigation. No one could investigate a case better than Charlie Chan. I have something else in common with Charlie and another great investigator, Magnum. Charlie called it the "psychic ability of the Chinese", Magnum called it "the little voice in the back of his head", and I call it the "hunch about what the case really turns on". Whatever you call it, it works. In the Chan movies you were always given enough red herrings to start a cannery. But then again, if you paid attention, you were given enough real clues to find the suspect . "

[John Jamieson]

Yes! Let's hear it for the gals!

[the Deejay]

Really? I remember those kid leashes from the 1940's. Well, I was a little kid back then, but I've seen them
in some of the old movie classics. (People in a crowd.)

Recently, a child was abducted from a Walmart & the
mother had the kid on one of those leashes.

Walmarts are notorious for child abductions.

I had three kids, whenever I took them anywhere, they were
always within my reach. At a park, it was the same. And they knew not to go into a bathroom without me. And I have
all boys. (Grown men now.)

[Eva]

I always thought that they would have been great for Disneyland. Think about it, I could have had one on each wrist and cleared the pavement in front of me like the Black panthers walking down the sidewalk in Philadelphia in their early days.

[JudyB1938]

Goodness Sakes. I didn't know you were that old. You sound like a person in their middle or late 30's!