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Prosecutor: Westerfield Guilty 'Beyond Possible Doubt'(Many Still Find Van Dam's Culpable)
Court TV ^ | August 7, 2002 | Harriet Ryan

Posted on 08/06/2002 8:53:49 PM PDT by FresnoDA

Prosecutor: Westerfield guilty 'beyond possible doubt'

Photo
Lead prosecutor Jeff Dusek traced the fingerprint, blood and fiber evidence linking defendant David Westerfield to a murdered girl.

SAN DIEGO — Calling the murder of Danielle van Dam an "evil, evil crime" that shattered notions of suburban safety, a prosecutor urged jurors Tuesday to convict her neighbor, David Westerfield, of capital charges.

Before a courtroom filled to capacity for closing arguments, prosecutor Jeff Dusek said the 50-year-old engineer snuck into the second-grader's bedroom last February, snatched her from her canopy bed, killed her and then "dumped this 7-year-old child naked in the dirt like trash for animals to devour."

"He's guilty of these crimes. He's guilty of the ultimate evil. He's guilty to the core," Dusek told jurors at the end of a closing studded with drama despite its three-and-a-half-hour length.

Dusek shouted and jabbed his finger at the defense table when he discussed Westerfield and the child pornography the prosecution says reveals a motive in the killing. But when he mentioned Danielle's death, his voice dropped to a whisper, forcing jurors to lean forward when he said, for example, of the moments before her killing, "This was not an easy time. This was not fast."

 

Westerfield listened to the prosecutor's closing argument Tuesday.

At one point, he slammed his hand again and again on the jury box rail to simulate, he said, Danielle's head striking Westerfield's headboard as he raped her. The image was too much for Brenda van Dam, Danielle's mother. She leapt up from her seat at the back of the courtroom and ran to the door in tears.

Westerfield's lawyer, Steven Feldman, began his closing late Tuesday afternoon. He is to conclude Wednesday morning and then Dusek will have one final opportunity to convince the panel to convict Westerfield of felony murder, kidnapping and child pornography charges.

The six women and six men who have heard evidence in the two-month long trial appeared to pay close attention to Dusek's summation, which focused on the forensic evidence connecting Westerfield to Danielle's disappearance and problems with his alibi for the weekend she vanished.

A spot of her blood on a jacket Westerfield took to the dry cleaners, Dusek said, "in itself tells you he's guilty beyond a reasonable doubt. That alone. But it doesn't stop there."

He also listed fiber, fingerprint and hair evidence linking Westerfield to Danielle and said, "all of it comes back to his lap." Of two blond strands found in the defendant's recreational vehicle and genetically matched to Danielle, he said, "Proof beyond a reasonable doubt? Proof beyond a possible doubt."

Dusek pointed to an autopsy photo showing Danielle's badly decomposed remains and ticked off the fiber and hair evidence technicians gleaned from her body.

"From Danielle herself, she helps to solve this case," he said.

Westerfield gazed straight ahead, and in the back row of the courtroom, Brenda and Damon van Dam held hands and stared at the floor. A row in front of them and three seats to their right, Westerfield's sister, who was attending the trial for the first time and was in the company of her husband and son, stared at the image.

Dusek also attacked Westerfield's claim that he spent the weekend Danielle vanished on a 560-mile solo road trip in his recreational vehicle.

"He gives us a bogus story that just doesn't wash," said Dusek, referring to his account of driving from his home to the beach then to the desert then to another part of the desert before returning to the beach.

He said Westerfield spent that weekend sexually assaulting Danielle and then after killing her, searching for a place to dump her body.

The prosecutor listed other potential suspects, including the van Dams, their friends, Westerfield's teenage son and even "the bogeyman," but said each was investigated and cleared.

He criticized what he said were defense attempts to implicate Westerfield's son, Neal, in the crime and said testimony about the van Dam's risque sex life, which included swinging, was irrelevant.

"All the sex, the alcohol, who's doing this, who's doing that. That's got nothing to do with her kidnapping," Dusek said.

With Westerfield's mug shot projected on the courtroom wall next to a passport photo of Danielle taken the day she vanished, Dusek said, "I think at times we've lost track of the other person. We've lost track of Danielle, what happened to her, what he did to her."

The prosecutor downplayed bug evidence presented by the defense suggesting Westerfield was under surveillance when Danielle's body was dumped and therefore couldn't have been responsible.

"Everyone's different, has a different estimation, approximation, some might even say guess," said Dusek. He added, "This is not an exact science. This is not DNA."

The prosecutor told jurors repeatedly that he did not have to prove to them why Westerfield killed Danielle, only that he did, but he said he was certain jurors wanted to know, "Why would a regular, normal 50-year-old guy kidnap and kill a 7-year-old child?"

There was no answer, he said, just another question. Pointing to print outs of some 85 images of child pornography found on computers and discs in Westerfield's home, Dusek said, "Why would a normal 50-year-old guy have pictures of young naked girls?"

With some of the images of elementary-school aged girls, naked and exposing their genitals, flashing on the courtroom wall behind him, Dusek pointed at Westerfield and said, "These are his fantasies."

Westerfield stared toward the empty witness stand, never looking at the photos.

Dusek acknowledged that "if (Westerfield) is the guy, that destroys all our senses of protection."

"That's the scariest part — he was a normal guy down the street," said Dusek.

Defense lawyer Feldman promised jurors the heart of his argument Wednesday, but in a little more than an hour before the panel, he seemed to be hoping for a hung jury. He presented jurors with a list of "Jury Responsibilities," several of which seemed aimed at encouraging any panelist for acquittal not to cave to pressure from other jurors.

One "responsibility" read "All of you have the right to have your feelings respected."

Just before court broke for the day, Feldman held up a blank piece of posterboard and said, "This is the only evidence they have of David Westerfield in the van Dam residence."

He suggested the van Dam's swinging lifestyle endangered their children.

"You don't know what pervert is coming in the door when you're in the bar, drunk, making invites," he said.

 
Comprehensive case coverage


TOPICS: Society
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To: All
I don't know what the JURY Thinks, but IMO, Feldman is tearing the Prosecution's case into tiny,little pieces.

Either he reads FR or we see what he sees what any open-minded person sees.

And that is that when there is some evidence that normally wouldn't mean a thing, when that evidence provides a link, a link that has no time constraint, and multiple reasonable explanations, and the other 99% of the facts show REASONABLE DOUBT, and other information turns out to be media hype/LE hype and a public clamoring for the blood of whoever the police pick out for a scapegoat.

281 posted on 08/07/2002 10:46:27 AM PDT by UCANSEE2
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To: shezza
Witness said he got there at 11 ... but he was from Arizona and was on Arizona time. He later corrected it...that would be 10 o'clock our time, which is what Mr. Westerfield said.
282 posted on 08/07/2002 10:47:00 AM PDT by shezza
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To: nycgal
Feldman needs an assistant to help him with the exhibits. That might cut down on some of the background noise

Agreed. I might try moving my tv remote speakers from next to my ear while I'm at the computer. Don't want to miss anything though.

283 posted on 08/07/2002 10:47:37 AM PDT by I. Ben Hurt
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To: Mrs.Liberty

Name: Easton, Barbara L

Mailing Address: 10871 LAMENTIN CT, SAN DIEGO, CA 92124

License ID: 01117823

Expiration Date: 09/29/03

License Status: LICENSED

Original License Date: 08/16/91 (Unofficial -- taken from secondary records)

Former Name(s): Ballard, Barbara L

Employing Broker: License ID: 01157005

Mortgage Partners Inc 7428 JACKSON DR,SAN DIEGO, CA 92119


284 posted on 08/07/2002 10:48:51 AM PDT by FresnoDA
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To: shezza
Other observers looked at MH, looked inside through the front. He was impressed. Is that consistent with an individual that kidnapped a 7-year-old and stashed her?

Other witnesses watched MH being pulled out. Det. Jody Thrasher said she interviewed Debra Martinez, who said she left Glamis at 3:45 pm, saw MH being driven off. Inconsistent with what she testified in court, inconsistent with prosecution theory, but consistent with DAW's statements.

How was he dressed? T-shirt, shorts, sunglasses. How was he dressed at the cleaners the next day? Exactly the same. Is that sinister? (Not his skivvies...shorts and a t-shirt.)

285 posted on 08/07/2002 10:50:00 AM PDT by shezza
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To: UCANSEE2
"Feldman is tearing the Prosecution's case into tiny,little pieces."

That's an understatement! He's blowing Dusek's flimsy case right out of the water!! I'm just LOVIN' IT, TOO!!!
286 posted on 08/07/2002 10:51:01 AM PDT by the Deejay
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To: pinz-n-needlez
If I'm using folders, though, and download, it'll put itself into the folder or subfolder that I'm working in.

Exactly, usually My documents is the default folder for downloads to be saved to, however when you change that and ask the download be saved to a differant folder it usually will then save downloads to that folder.

287 posted on 08/07/2002 10:51:30 AM PDT by alexandria
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To: shezza
Conklin in tow truck thought he heard talking. Then he offered the driver something to drink. He has a kidnapped girl in there, and he offers him something to drink? Is that reasonable? Remember the look Conklin gave Westerfield. We call it mad-dogging. THe community has their opinions.

It's not unusual for people to get stuck in the desert.

288 posted on 08/07/2002 10:52:11 AM PDT by shezza
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To: UCANSEE2
I'm waiting for him to shout "Free Stealth Ninja Dave"!!
289 posted on 08/07/2002 10:52:32 AM PDT by Jaded
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To: Neenah
Very beautiful Neenah. You probably gave more thought to Danielle in that post than her parents have since this started.
290 posted on 08/07/2002 10:52:55 AM PDT by UCANSEE2
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To: the Deejay
Kinda refreshing to hear him state FACTS as opposed to Doosuk's stating his FEELINGS....
291 posted on 08/07/2002 10:53:05 AM PDT by CAPPSMADNESS
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To: Jaded
Well, it would be a FLASHY ending.... : )
292 posted on 08/07/2002 10:53:33 AM PDT by Politicalmom
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To: CAPPSMADNESS
Hope the jury gets it.
293 posted on 08/07/2002 10:53:59 AM PDT by Jaded
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To: Jaded
Oh, I hope he does. I heard him yesterday, when he said stealth and your web page came to mind instantly.
294 posted on 08/07/2002 10:54:05 AM PDT by calawah98
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To: Jaded
"I'm waiting for him to shout "Free Stealth Ninja Dave"!!"

Me, too!! LOL! (He just may do it!)


295 posted on 08/07/2002 10:54:17 AM PDT by the Deejay
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To: shezza
DAW goes to Cays, just like he tells the cops. No place at home to park the vehicle...place was full of police when he was there before. At Cays, Heather Mack said police asked her if she saw blue motorhome, she said no. (He was driving a white mh, police asked her about a blue one.) She remembered DAW, he smiled at her that night, just like he smiled at her in court.
296 posted on 08/07/2002 10:54:18 AM PDT by shezza
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To: Mrs.Liberty
Have you read the info about Danielle's diary, on MCF?

Just wondering what you thought about the other info Pierce said was in her journal.

297 posted on 08/07/2002 10:54:51 AM PDT by UCANSEE2
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To: Jaded
Me too - I also think that some posters here wanna see your big bright shrieking HTML.... :)

or are you waiting til Feldman says it???

298 posted on 08/07/2002 10:55:46 AM PDT by CAPPSMADNESS
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To: shezza
There is no evidence that DAW was NOT at the Cays like he said he was. It was a 15 mile area, several places MH can park, security was called to check on one vehicle at one place at 2:37 am. Did not check the other areas.

Next morning, a little bit confusing. When LE goes to cleaners, they talked to Julie Mills. She said DAW looked like he had a hard weekend. She said if there had been any blood on anything he brought in, she would have seen it.

299 posted on 08/07/2002 10:56:07 AM PDT by shezza
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To: the Deejay
He's blowing Dusek's flimsy case right out of the water!!

He's going to have to address the DNA evidence, soon. I hope he does as good a job on it as he has on everything he's talked about this AM.

300 posted on 08/07/2002 10:56:33 AM PDT by nycgal
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