Prosecutor: Westerfield Guilty 'Beyond Possible Doubt'(Many Still Find Van Dam's Culpable)

Court TV ^ | August 7, 2002 | Harriet Ryan

[shezza]

So because the doorhandle was reversed, the dog doesn't bark, the door has a reversed lock, the police asked them to tell them everyone who was in that house. It took them 15 hours as the van Dam's decided what was relevant and what was not relevant to the investigation, while their child was missing.

A babysitter was supposed to be in the house. Brenda testified that there was supposed to be a babysitter. So if they come back and tell you David Westerfield knew that there was going to be no one in the house, go back and check your notes.

No evidence that DAW was in the house.

Layla hairs in motorhome--(didn't catch it all)...

Denise, Rich, Keith all said dog jumped all over them, was a pain. Rich (?) knew the residence, had been there before, had been shown the house by the van Dams, he didn't even know whose bedroom was whose.

[Neenah]

Omg, thank you ! I know we are all paying close attention to this argument now...but UCANSEE 2, when you get time, can you freepmail me, or on here, give the URL for that? (MCF)

I don't know what that is. sorry, and thank you.

[Jaded]

What I find interesting is the lengths that some will go to to discredit Douglas Pierce. If he's so inconsequential and such a flake, why bother? Why not ignore him? What reason is there to make such a concerted effort to discredit him? Hmmmm

[UCANSEE2]

You can go to www.MCF.TV or go to post #77

Danielle's topics in her diary ?

NOT FEELING SAFE. CAN SOMEONE HELP ME. I WANT TO TELL.

[UCANSEE2]

What reason is there to make such a concerted effort to discredit him? Hmmmm

ANSWER: THE TRUTH HURTS!

[Neenah]

You are a blessing.

[shezza]

Dorie Savage and team went to that house several times in coming weeks. Suddenly the Van Dams became so cooperative, let LE take items. Dorie Savage told them they secured the premises, but the next day after she searched she found a shell casing there. Explain that, Mr. Dusek. Tell the jury, how did that get there? Mystery fingerprint man's trace evidence? Did LE pursue it? We don't know. There is no way someone unfamiliar with this residence could do this.

But when DAW cooperative with LE, he was suddenly overly cooperative. He was trying to help! But the spin is that it is sinister when DAW does it but helpful when the VDs do it.

[VRWC_minion]

What he is doing is trying to show the crime that actually was committed is impossible. The fact that it happened shows that its possible.

[UCANSEE2]

When you get done reading it, tell me what you think.

[shezza]

There was an issue as to a vaccuum cleaner in the VD residence (shampooer)...was it wet? Did it have water in it? Dorie Savage said it was wet. (showing pictures of upstairs hallway)

Down the stairs...another fingerprint. Excluded David Westerfield. Down the stairs, looking, carefully inspecting, doing everything they could to identify the perpetrator, and they get nothing.

The evidence of DAW in the VD house is as it is.

[Mrs.Liberty]

What he is doing is trying to show the crime that actually was committed is impossible. The fact that it happened shows that its possible.

My take: What he is doing is trying to show that the crime, as theorized by the prosecution, is impossible/not plausible.

[shezza]

Now, on the prosecution's theory, apparently, David goes out the back door (slider, fingerprint there--EXCLUDING DAVID WESTERFIELD), so under their theory, at 2:00? 3:30? 4:00 in the morning? We don't know, they don't know...out comes Mr. Westerfield. Is he holding her hand? Carrying her in his arms?

[shezza]

They walk out, or runs, or skips or hops, or whatever, into a residential neighborhood in Sabre Springs, under the street light, and into his house? That's pretty clever, isn't it? DRUNK?

Mr. Dusek said he had black boots, but Susan L. said he HAD no black boots. THat's a red herring. THere a lots of red herrings being tossed out, so be careful. The shoes...he didn't own them!

So we have David excluded from the Van Dam residence.

[spectre]

What he is trying to show is that the crime committed was IMPOSSIBLE for Westerfield to have done. It had to be done by someone else.

What Dusek wants the Jury to think, is that although it appears impossible for Westerfield to have gone into the house to committ the crime, "that doesn't matter...he simply did it".

sw

[shezza]

Who is this man who stealthily snuck into the van Dam house? A 50-year old engineer, has patents, dates women, has two children, broke up with Susan Lelek (who, I'm sorry, is a large-breasted adult woman), broke up with her after a long-standing relationship and suddenly he turns into a childkiller? Completely illogical.

[Neenah]

When you get done reading it, tell me what you think.

I sure will...that has always bothered me !

[FresnoDA]

Westerfield's attorney resumes closing argument


SIGNONSANDIEGO

August 7, 2002

A day after beginning his closing argument with a frenetic, courtroom-spanning presentation, a subdued Steven Feldman resumed his summation by asking jurors not to blame his client for his own performance.

Feldman, lead defense attorney for David Westerfield, asked the jurors not to consider the kidnap-murder case as a personality contest between himself and prosecutors Jeff Dusek and Woody Clarke.

"If there is anything I've said, anything I've done that has caused any of you heartburn, please don't hold it against Mr. Westerfield," Feldman said.

Westerfield is accused of kidnapping Danielle from her Sabre Springs home on Feb. 2 and killing her. He is charged with kidnapping, murder with special circumstances and possession of child pornography.

Westerfield, who lived two doors down from the van Dams, was an early suspect in the case and came under police surveillance on Feb. 5.

After a massive community search that drew national attention, Danielle's naked and decomposing body was found dumped off rural Dehesa Road near El Cajon on Feb. 27.

Jurors have heard 24 days of testimony and have seen 199 exhibits since the trial began on June 5.

Jurors were informed at the start of Tuesday's court action that the defense was resting its case instead of calling one final rebuttal witness.

During his 3 1/2-hour closing argument Tuesday, Dusek told jurors they didn't have to determine how and when Westerfield entered the van Dam house and kidnapped and killed Danielle, just whether he committed the crime.

Feldman urged the jury to examine the details of the case and told them that laws regarding jury deliberations required them to interpret evidence in favor of the defendant's innocence whenever there were two conflicting but reasonable interpretations.

 

[the Deejay]

"Layla hairs in motorhome--(didn't catch it all)..."

Dusek said yesterday, "Layla's hair were found in the RV."
Feldman said, "We never heard that in any testimony."

I agree. One of Dusek's lies from yesterday that I mentioned last night. Dusek really lied to the jury. He stating things that were not proven nor in evidence. Haven't a clue as to "why".

[FresnoDA]

BTTT

[Henrietta]

Her mother said she was the most well behaved child on the face of the earth.

What do you expect her to say, "My kid's a Van Demon?"