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.

[the Deejay]

I told my grown kids, I'd take them back with me!
Believe it or not, they said they'd go along!

I told them I'd have such fun showing them how
things worked back then. LOL Including how to
drive the big a$$ cars, the ones without power
steering and all.

[calawah98]

Crank that time machine up, those were the greatest times.

[rolling_stone]

Yes Charlie Chan was a swede!

http://home.thirdage.com/Movies/vaboy1960/

[bvw]

Well it's back to Dexter's Laboratory for me! (There was some of Dexter's Lab in the new movie Signs.)

[UCANSEE2]

gotta go. CU all tomorrow.

[the Deejay]

They sure were. I go back to those days a lot. I really miss so much of those times. Anyone was safe on the streets, in their homes, any time of day or night.

[KnutCase]

There must be a good reason for his identity to be kept secret. Well known perhaps? Connections to others still being checked out? Who knows? There are always reasons for LE to dish out info to the public....and there are always reasons for the things they keep from us.

[the Deejay]

Charlie Chan had no daughters. Daughters to the Chinese are taboo. Totally unwanted, even today.

[calawah98]

Never had to lock the doors, never took the keys out of the cars. I have always said, I am glad I grew up when I did. I think of the world my great grandkids are growing up in, and it is sad.

[JudyB1938]

I'm different than you guys. I wouldn't go back. I love being able to access any information I want at any hour of the day or night I want to on the computer. I feel like I'm in the middle of a giant library with thousands of books and that I don't have to put them away when I'm done. :0)

(FReepMailed You)

[bolthead]

Crank that time machine up, those were the greatest times.

Sounds good to me. Maybe I could find where my hair escaped to.

[bvw]

G'nite all, and happy trails!

[JudyB1938]

According to that website, Charlie Chan did have one daughter. I think it said she was just in one movie though.

[KnutCase]

That's what senility does for you. Actually the post was meant for Deejay..or was it JudyB??? I don't recall. (Don't recall? Does that mean I could be a witness to something?)

[calawah98]

LOL

[JudyB1938]

That's why we get along so well. Equally senile. ROFL

[the-gooroo]

You could be morphing into Hillary Clinton?! :)

[Jaded]

It is my understanding that everyone who came in contact with David was checked out. My source is fairly reliable. LE left no stone unturned with regard to the stalking of DW. Make no mistake.

[the Deejay]

"Never had to lock the doors, never took the keys out of the cars. I have always said, I am glad I grew up when I did. I think of the world my great grandkids are growing up in, and it is sad."

Isn't that the truth?! I can remember never locking the house. Hell's bells, we didn't know where the house keys
were for years! LOL

Back then we didn't have to put little ones in special seats for travelling. Yet, not one kid ever got hurt. Not even a slight bump or bruise.

[calawah98]

I really think we do pretty darn good, BVD and DVD a lot younger sure could'nt reacall much.