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.

[UCANSEE2]

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?

In this case, all I know is that it looks like DW had NOTHING to do with Danielle's disappearance.

SO, I try to find alternative explanations for it.

We explore those and see where they lead. (Which, by the way, is apparently something the SDPD doesn't do.)

Many times we eliminate a theory after finding or being given info that shows that person couldn't have done it. And that is the idea. Propose theories, possible leads, and work on eliminating them until you get down to the one that fits the whole scenario.

(For those of you that don't get it, DW doesn't fit, for many reasons already gone over hundreds of times.)

Your rebuttal that if Andy did it, why would Damon/Brenda/Denise seem to be helping is a good reason to say that ANDY could be eliminated. NOW, if ANDY took Danielle in such a way that Brenda/Damon thought they were responsible, then ANDY could still be the culprit.

Because the VD's would lie to cover up for leaving Danielle home alone. (I have discussed the fact that Danielle and her brothers were Left HOME ALONE that FRIDAY, and many people keep missing it.) Even Brenda admitted she left the kids home alone, while Damon said he was there.

Who is lying? Brenda said she went to buy drugs (I mean pizza) and left the kids home alone.

[Rheo]

LOL!

[the-gooroo]

Nope. They should respect our legal system enough to not comment on something of this magnitude if they don't closely follow the case.

[KnutCase]

Your post makes me want to go to the video store and check out old Charlie Chan videos.

[UCANSEE2]

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

I didn't know that. Anyone whose name we would recognize?

[the Deejay]

When I was a toddler, my parents didn't have one of
those leashes, so they just used a rope and tied me
to a tree. They gave me enough room to move about
to play. Today, it sounds abusive, but there was a
railroad track nearby where we lived. My parents
figured it was safer than having me wander over to
the railroad tracks. Which they were right.

[John Jamieson]

Maybe, I wasn't very observant as a young father, we didn't use them, but we still have all the kids and their kids.

[UCANSEE2]

Yep. He has one of those unusual voices.

[demsux]

the Honorable Irma E. Gonzalez, United States District Court Judge, in San Diego Federal Court.

Any relation to Denise Gonzalez????????

[the Deejay]

Youth is always in my mind. It keeps one young. I'm a
firm believer in that. I was a teenager in the 1950's
& I think back to those days all the time. If I had a
time machine, I'd go back and never return.

[UCANSEE2]

Westerfeld how do you all sleep at night knowing those 2 boys are in that home?

Many posters have discussed this issue and wondered if CPS had investigated, what they found, whether they were going to take the boys out of the home, and ESPECIALLY the IDEA WAS THAT CPS SHOULD TAKE THE BOYS AWAY FROM THE VD's.

But, we are not the SD CPS and can't take the boys from them even if we know it should be done.

And how do you sleep at night if you feel the same way? Many posters probably have lost and still lose sleep over this.

[Rheo]

When I was a toddler, my parents didn't have one of those leashes, so they just used a rope and tied me to a tree.

They didn't tie a pork chop around your neck just so the dog would play with ya, did they?...sorry, the bad jokes just keep coming.

Parents were able to use common sense then without having to worry about political correctness.

[demsux]

I apologize for the misinformation...It was Diane Gonzalez (Halfman) retired from SDPD, not Denise Gonzalez.

BTW, Diane Gonzalez liked to run...see below http://socaltorchrun.homestead.com/directors.html

[KnutCase]

The child porno bust just this week included two people identified from San Diego. One named Rowland, and the identified not by name but only as former SD law enforcement. Take it from there.

[demsux]

actually the Diane Gonzalez on that post was FBI in LA.

[Rheo]

Wouldn't that be special??

[JudyB1938]

I always loved that guy, Charlie Chan, so much. And today, I feel the same way about Jackie Chan. :0)

Did you go to the website and read the rest of it? Made me feel nostalgic, too.

[UCANSEE2]

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

That's cause Hannity gets his info from Greg Weston.

[KnutCase]

I was a teenager in the fifty's too. Do I know you?

[demsux]

I didn't know that. Anyone whose name we would recognize?

It wasn't gonzalez, was it?