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.

[fussybutt]

Thanks for that Jaded. I thought that was about right but there hasn't been very much mention of these little boys that still live with the Van Dam sociapaths.

[Jaded]

How very odd. The last time that happened was Friday whilst I was being jackaled. When it went from 12,000 votes to 30,000 in a very short time. Me thinks evil is lurking at Stealth Ninja Dave, just now. What say you?

Let's face it, the poll is not scientific nor is it credible or a representation of anything. How sad, there is even less honesty in cyber space than there is in real life. Oh well, one less illusion to harbor. Soon, I will have no illusions and then I will be all freed up to collect vises.

It is late!

[dread78645]

Why did they pass the lie detector test and Westerfield was iffy.

Brenda claims that she and Damon passed the test, SDPD has not said otherwise.

Dave Westerfield has not submitted to it, as far as I know (please correct me if I'm wrong).

Personally, I think Miss Cleo has a better accuracy than "lie detector" testing.

[the-gooroo]

Thanks for the info about grandma and the extra pj's. Sounds like Damon has a quick temper. Makes me wonder if there isn't more to the "potty dance sleep walk" story.?????? Hmmmm, I've gotta ponder that one.

[Jrabbit]

Thanks, Jaded. I figured if DW took a polygraph and it was iffy, it would have been shouted from the rooftops!

[itsahoot]

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.

What about air conditioning? We used to get those little
personal ones, left on the pew by the funeral director.

[Spunky]

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.

NORTHERN EXPOSURE. I loved that program. All the good ones go by the wayside. :-(

[fussybutt]

DVD has more than just a quick temper!!! Are there any psychologists on this thread that could do a quickie pschological profile on Damon?

[the-gooroo]

Does anyone know if the blood on the bean bag chair was tested for DNA? Results if any?

[fatima]

From the news but they lie,pay no attention to them,the family passed and Westerfield was not so clean.With all the what if's going on how could this poor little girl's parents passed the test.

[the-gooroo]

Fussybutt, where have you been?

That would be very interesting I have to admit.

[fussybutt]

Hi gooroo; I have been here, just lurking around watching and reading usually.

[Jrabbit]

I don't think they passed anything. Personally, I don't believe anything they have said.

[calawah98]

The poll= Sad to say some one is is really racking up the votes. I am like you, you would think Freepers were honest, and would not do something like this. It is over 206,000 and climbing. I seen that number and had to look again. I would pull it, seeing as how some people can not play fair.

[John Jamieson]

I'm no psychologist, but I've pickedup a few clues from his emails:

A. He's as cheap as dirt.

B. He jokes about his wife killing him.

C. He likes boy stuff and hates girl stuff.

[the-gooroo]

Can you find out who is doing this? Can they ruin other aspects of the site or just the poll? What a shame. Freakin' jackals.

[John Jamieson]

Somebody is running an automatic voter program.

[fatima]

Rabbit you want to hop over the police.

[calawah98]

It is like a lot of things, it takes a few to ruin it for all. To bad some have to have every thing go their way, and will cheat to accomplish it.

[fussybutt]

I have gone to these other websites, i.e. MCF; etc. and the info that DVD was even in the vicinity of several kidnappings, much less knew one or two of the victims makes me wonder if a pschological profile would not show him to be a sociapath with perverted/bisexual violent tendencies. I use to live in Fla, the murder of Adam Walsh was enough to scare any decent parent for a lifetime. The case was not ever solved. The main suspect died in prison, but I haven't ever bought the theory that he did it. He kept souveniers and even audio tapes of the children that he tortured and murdered. There was no evidence to support that he murdered Adam Walsh, it could have been a copycat murder. If anyone could find proof that 18 yr old Damon went to Hollywood Mall that day, he would be very high on my list of suspects.