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In day 5 of Westerfield deliberations, more waiting

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- Jurors in the murder case of 7-year-old Danielle van Dam spent a fifth day Wednesday deliberating the fate of her accused killer, David Westerfield.

Since receiving the case a week ago, the panel of six men and six women has asked to rehear a taped interview Westerfield gave to police two days after Danielle disappeared and to see a transcript of that interview.

 



Hayne Palmour/ Photographer

A shoe shiner plies his trade as jury consultant Toni Blake, right, does a television interview with CNN in front of the San Diego County Courthouse in downtown San Diego on Wednesday. Blake was doing several interviews with different television stations answering questions about what she thinks the jury for the David Westerfield trial may be going through.

They also asked to view pornographic images taken from Westerfield's home computer along with a picture of teen-ager Danielle L., the daughter of Westerfield's ex-girlfriend, lounging in a bikini.

All the notes were signed "Thanks, Juror 10." He is an accountant with a young child.

Westerfield, 50, faces the death penalty if convicted of kidnapping and murdering Danielle. The little girl lived two houses from the twice-divorced design engineer. She was reported missing Feb. 2. Nearly four weeks later her nude body was discovered by volunteer searchers under an oak tree in rural East County.

Westerfield also faces a misdemeanor charge of possession of child pornography.

Jurors heard eight weeks of testimony from almost 100 witnesses and viewed 199 exhibits, which now sit with the panel in a secluded room at the downtown San Diego courthouse where they meet each weekday. There is no timetable for them to reach a decision.

While there was little movement in the case Wednesday, a continuous flow of letters were still being sent to the courthouse. The correspondence is kept in court files several inches thick.

Many of the letters praise Judge William Mudd.

"First, I want to thank you for running an excellent trial in the Westerfield case," wrote a Valley Center resident. "I can imagine it is difficult and taxes your patience and concentration."

Another was from someone who claimed to be psychic and was convinced Westerfield was not guilty.

"My ESP is always right," the person wrote.

Others were from people offering their opinions on the case. A few sent pictures.

One woman wrote a poem after apparently being a little bothered by the judge's phonetic pronunciation of prosecutor Jeff Dusek's last name.

"Aya 'Captain' Judge Mudd, you run a tight ship, your rulings are fair, your humor's a pip. But something's amiss, your honor ---- Oh heck. Isn't Jeff's surname pronounced as Doo Shek?"

The authored signed the note to Mudd as "Your fan."

A closed-door hearing on a motion submitted by Westerfield's defense team is scheduled to be heard this morning.

 

Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.

8/15/02

1 posted on 08/16/2002 6:39:20 AM PDT by FresnoDA
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To: Politicalmom; spectre; BunnySlippers; DoughtyOne; Hillary's Lovely Legs; Snow Bunny; Alamo-Girl; ...
Ping..) ) )
2 posted on 08/16/2002 6:39:57 AM PDT by FresnoDA
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To: FresnoDA; Howlin
It was reported yesterday that the jury has requested only 1/2 day deliberations on Fridays. IMHO, it would seem they would only feel the need to make this request if they were far, far apart.
10 posted on 08/16/2002 6:48:53 AM PDT by truthkeeper
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To: All
Mornin', all. I must say, yesterday's thread contained one "eureka!" after another. (I gasped so much I woke up with a sore throat today!) The dry-cleaners receipt, the left-foot connections, Ott and Keyser's mysterious goings-on, the pre-search-warrant searches, Youngflesh's coincidental contributions...it's almost overwhelming!

An excellent collection of brains on this board. I'm so impressed with you all. Thanks for sharing all the fascinating info, revelations, discoveries, and ideas. May I bask in your brilliance?

BTW, speaking of Youngflesh and the porn disks, several things have been bothering me for a very long time: first of all, Watkins's testimony indicates he never saw the disks in question until Youngflesh waved around an envelope and said, "Aha! Look what I found!"

Watkins never saw any envelopes on the office bookshelves, and he didn't see Youngflesh pull any envelope off the bookshelf. The first time he saw those disks and that envelope was when Youngflesh presented it to him. When asked where the envelope was found, he recounted what Youngflesh had told him, not what he saw ('cause he didn't find it or see Youngflesh find it).

Also, they said it was typical for porn collectors to keep disks in a long white envelope sticking up on the bookshelf, along with a list of passwords and web addresses. What kind of moron keeps secret stuff "hidden" in that sort of highly visible manner...or writes down all his passwords and stores them in a highly visible white envelope sticking up on the shelf? None of that makes any sense to me. (All the silliness and inconsistencies make it look more apparent that LE DID plant some of the porn while DAW was away and before the search warrant came in...just like Ott could have planted evidence at Twin Peaks before the other LEOs came in to pick up the goods.)

32 posted on 08/16/2002 7:35:02 AM PDT by shezza
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To: FresnoDA
Anyone for a poll on how long this thread lasts in News/Activism before the Admin Moderator bounces it to "Chat"?? ;>))
46 posted on 08/16/2002 8:20:02 AM PDT by CedarDave
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To: All
Got an abuse report that said (I edited it a bit here):

When you addressed your "be good" comment... you can see if you go back and read some of the newbie posts, why there might be flames.

That's fine. All I am saying is that we want to keep the primary forums free of flame wars. If there is a desire to have free-for-all style discussion, perhaps the thing to do would be to repost this thread over in the Smoky Back Room. Thanks, AM

137 posted on 08/16/2002 9:40:40 AM PDT by Admin Moderator
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