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.

[the Deejay]

Freepmail call!

[the Deejay]

Ummm, maybe we do know each other. LOL!

[carenot]

Sorry...I forget that most posters here would not know who Charlie Chan was. Showing my age.

LOL, I liked the number one son that stared at people!

[KnutCase]

We nust know each other, there are so few of us left.

[JudyB1938]

I don't remember what that retired LEO's name is that is head of one of those swinger's clubs. Somebody posted the information here while back. It seems like I pinged you to that info when I first saw it, but not too sure. Maybe the original poster will see this and supply you with his name.

[the-gooroo]

I feel the same way you do UCS. I'm asking questions because I'm trying to make sense of the senseless too. (the senseless being the murder of Danielle) I hope you and others didn't think I was belittling your theory in any way, that was truly not my intent.

[bvw]

Lis Weihl, FNN legal analyst: Jury should have been out in two hours. Lifestyle of parents not an issue.

Jeralyn Merritt, defense attorney: No evidence he was ever in house. Parents invited strangers into house.

(No great new info or analysis -- sorry, so far)

[the Deejay]

And you know, back then if a child went missing,
it usually had gotten lost in a field, was at a
neighbor's house, and the worst case was a child
fell down a well.

Never abducted, raped and murdered! Unheard of back
then.

[UCANSEE2]

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.

The child porn ring busT started Jan 27th when the first guy, Brooke Rowland was arrested. The second was arrested Feb 18th (gee, around the time Danielle's body may have been dumped) and he was from POWAY.

The others in SD and all over the US and many in Europe were arrested lately.

[UCANSEE2]

p.s. It was said that this 'ring' would capture young girls , then videotape themselves gang raping the little girls. What these men did with the little girls after they were done ????????? (maybe Dehesa Rd.)

[carenot]

Wish you would go read all the transcripts...you could probably catch something we missed.

Thanks, but I don't think I would catch anything that you haven't.

But you know I love long threads.

[the Deejay]

That's true. I don't think there are a large number
of us teenagers from the 1950's left.

Would you go back to that era and stay, if you had a
time machine? I would in a heartbeat! The food, movies,
clothes, cars, etc. was much better. As well as the people!
Everyone respected each other. Neighbors were genuine.

[KnutCase]

My point was that the second person arrested has not been identified by name. Why not?

[bvw]

Colmes: Outrageous that parent's who lost a child are being blamed.

Weihl: Parents did not commit the crime.

Hannity: Drugs and swinging bad (paraphrasing).

(Wow! So much build up and so little to show! TV news, all the empty space!)

[UCANSEE2]

I hope you and others didn't think I was belittling your theory in any way, that was truly not my intent.

Not at all. We are all on the same side, Danielle's side. We all want to find the real killer and have him/her face justice. I just don't believe DW is the killer.

I always try to explain to people why I have so many theories, as many think that you MUST pick one PERP and stick to it, (kinda like the SDPD did in this case), no matter what other facts appear. I believe you should be open-minded and willing to change your ideas when new info comes along.

[carenot]

I know Charlie had #1 and #2 sons, I don't remember any more or daughters.

I thought I had seen them all.

[KnutCase]

Absolutely! But I sure would miss my son and daughter. Life's been good for me since then though.

[the Deejay]

"(Wow! So much build up and so little to show! TV news, all the empty space!)"

Exactly why I don't watch the news. It's mainly just to
tease and/or inflame. A whole lotta tripe tossed out. Big
waste of time.

[UCANSEE2]

My point was that the second person arrested has not been identified by name. Why not?

That is a good question.

[JudyB1938]

Re #844

Talking to ourselves now, are we? haha