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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: Greg Weston; All
"MOUNTAIN of EVIDENCE"? Wow..what you been smokin, Greggie? Nevermind..don't answer that!

Bye guys..tomorrow we might go to Jury deliberations, if Dusek can ever stop talking.

"Saint Michael..defend us in Battle"...sw

861 posted on 08/07/2002 5:46:24 PM PDT by spectre
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To: UCANSEE2
You have a beautiful PROFILE PAGE!

Thanks! The red-orange hydro E'lam won the Columbia Cup this year.

I have been trying to put a picture of it on my profile page but I have a new computer hp pavilion mx70 with windows XP and it doesn't work like my Macintosh did. I don't know how to get a copy of the picture. When I thought I had it all that came up was a red X

862 posted on 08/07/2002 5:47:04 PM PDT by Spunky
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To: All
GOLDEN COMMENTS of the TRIAL

convicted felons can't vote unless their rights have been restored or they are democrats
by rolling_stone

"Well, EXCUSE me, Mr. Feldman, what's a couple of math errors? We have a dead child, a beautiful little girl, brutally murdered by a monster, deposited like TRASH, on the side of the road, and YOU'RE concerned with MATH?!" "Give me a BREAK"
! by spectre (sw)

I find it interesting that those without a political agenda ALL FIND HIM NOT GUILTY
by mouser

Best case scenario is a hung jury.
And you hear thunder before you see the lightning ?
up is down --war is peace. What color is the sky on your planet ?
by dread78645

"A Fly Lie for the prosecution."
by dread78645

Bottom line is, Dusek should not have reopened his taken this case. If they really wanted a conviction, I don't know why Dusek was selected. Maybe he IS the sacrificial lamb after all.
by Southflanknorthpawsis

sshhh i'm hunting wabbits
by countess

Looks to me like some people have had to resort to grasping at fibers.
by bolthead

William Wallace suffered less than Goff did today.
by John Jamieson

That goofy mascot of the SD Padres has long orange fibers all over it...maybe Mudd did it.
by demsux

(AND MY FAVORITE, by JUDGE MUDD)

THE COURT: WE DEFINITELY HAVE ADMITTED UNTRUTHFULNESSES .
by Karson

Thanks for pointing that out! It's an interesting coincidence..but everything has to have a margin of error...I'd say at least 3-4 days give or take.. (in danielle's case anyway)
By ~Kim4VRWC's~

"I have plotted the data here in 4 dimensions, using time, temperature, dewpoint, and solar insolance, using a 5 sigma probablity matrix and 16 polynominal regression analysis. I gathered weather data from three geometrically obtuse locations using GPS and NWS data, corrected for distance and wind direction, velocity, and turbulance. Using the exact altitude of the Dehesa location, we can see here that the first 2 duds were right."
by John Jamieson

The end justifies the medians.
by shezza

Everyone likes the bugs better than the lawyers.
by VRWC_minion

Did you hear that? Judge told the jury to NOT form an opinion..
by ~Kim4VRWC's~

Bug guy #945 just agreed with the other 943 and said time of dead was around feb 12 give or take 2-3 days.
Feldman had a knock out
Dusek had a melt down
We lost our appetites
Dusek believes this case lives or dies on the bug evidence.
Westerfield walks broke
Killer is still on the loose
hows that

by basscleff

No one can write fiction stranger than this case.... Reports of dogs fainting from bleach in the garage, searchers are drawn to an area by the stench of a roadkill dog, but no one smells a 2 to 4 to 6 weeks (choose your entomologist)dead body have eaten, with a thriving maggot mass. A single man has pictures of naked women on his computer and deleted (did I understand that correctly?) animated child porn files on his computer. Folks are calling for his head, but feel buckets of sympathy for a mother of young children trolling for sluts to come to her home for a night of orgies. ala Mr. Traficant: Beam me up! I'm trying really hard not to be sarcastic, but this is sheer lunacy! 855 posted on 8/1/02 7:49 PM Pacific by pinz-n-needlez I have my own reasons for believing he is innocent. Since I believe he is innocent, I see certain things in that context. Mudd's increasingly blatant bias upsets me. Please: the fingerprint proves the kidnapping which in turn proves everything else. He could make his instructions shorter, "Ladies and Gentlemen of the Jury, go into that room, write the word 'guilty' on a piece of paper, come back and hand it to the baliff." by Yeti

AND THE NEW GOLDEN COMMENTS

Dusek was done after 15 minutes, and was finished by lunchtime. All he has to do now is stop speaking. By connectthedots

AND YET MUDD IGNORES THEM. WHY WHY WHY ?
'Cuz they can't watch CourtTV if they're sequestered? Do I get a prize? by small_l_libertarian

AND ONE THAT BEARS REPEATING !!!!!!!!!!!!!!!!

Judge Mudd just announced that he will sequester the jury...
AFTER THE TRIAL HAS ENDED AND MR. WESTERFIELD HAS BEEN CONVICTED AND SENTENCED TO DEATH BY LETHAL INJECTION.
by basscleff

863 posted on 08/07/2002 5:47:18 PM PDT by UCANSEE2
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To: Greg Weston
There is probably a better chance of the Padres winning the World Series this year, the Chargers winning the Super Bowl and the San Diego State Aztecs winning a National championship than a Westerfield acquittal.

When he is acquitted on appeal, he can sue for even more, because the damage of a guilty verdict will be worse than with an aquittal. With a guilty verdict, he can show that the slander and malicious prosecution and obstruction of justice and perjury and Mudds biased rulings had a damaging effect.

If he is aquitted, DA can say, look he was found not guilty, how much damage can have been done?

864 posted on 08/07/2002 5:47:23 PM PDT by Yeti
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To: Greg Weston
Greg,
Are you trolling, or are you actually as dense and uninformed as you come across? It's apparent that you haven't been following the trial very much.

Just wonderin...

FRegards,
PrairieDawg

865 posted on 08/07/2002 5:48:13 PM PDT by PrairieDawg
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To: spectre
  Yup, apparently we've gone from a "ton" of evidence this morning to a "mountain" this afternoon. Tune in tomorrow, folks, when we've got a world of evidence in front of us ;-)

Drew Garrett

866 posted on 08/07/2002 5:48:22 PM PDT by agarrett
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To: Jaded
Well ... I don't know about their child, but my grandchildren are NOT ALWAYS well behaved - after all, they are children. And ... what does that have to do with the case?
867 posted on 08/07/2002 5:49:35 PM PDT by CyberAnt
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To: the Deejay
I've thought the same thing about the Samantha case.

There, for example, is another prob with Mudd. He has repeatedly told the jury that there are no similarities between the two cases.

But we know that is a blatantly false statement. Both wer bold abductions, bo preadolescent girls, both in southern california, both bodies disposed of in the same manner, in virtually identical locations.

Can the judge lie to the jury repeatedly with impunity?

868 posted on 08/07/2002 5:51:11 PM PDT by Yeti
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To: PrairieDawg
Greg is still working on the oj trial, as someone
pointed out to me today.
869 posted on 08/07/2002 5:51:30 PM PDT by the Deejay
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To: Politicalmom
Good for them!! (and you had the same exact type and style of RV, right??)

But ... when the close the motorhome, you fold the steps into the door, right?? Some models do - which would mean there would have been no steps for her to stand on.
870 posted on 08/07/2002 5:52:23 PM PDT by CyberAnt
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To: JudyB1938
It would have been very easy to snatch her down by that park where the backpack was found

The backpack was taken into evidence by the police and never will see the light of day.

When asked by the media "Was that Danielle's?", the LE officer told the media, "They will tell us if was". What does that mean? Means shove off in my book. Means it was a lead they didn't want to follow.

Could also mean it wasn't Danielle's, but if it wasn't, why wasn't that information offered to the press, then or later. Wouldn't have taken but a second to ID it and confirm it. I can see why LE might not want to on scene, but eventually. NOPE. Probably destroyed as it didn't fit the SUSPECT they already had chosen. Would have destroyed their case.

871 posted on 08/07/2002 5:52:50 PM PDT by UCANSEE2
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To: Yeti
I've said many times, the judge should NOT have even
mentioned the other girls abductions to the jury. There
was no need to bring in extraneous information into this
trial.
872 posted on 08/07/2002 5:55:25 PM PDT by the Deejay
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To: CyberAnt
In other words, it's bogus, or you dreamed it, or you have it mixed up with another abduction case. Oh well, I thought you might have the proof. In any event, without proof, I totally reject it in light of the subsequent testimony and interviews.
873 posted on 08/07/2002 5:55:33 PM PDT by MizSterious
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To: Greg Weston
"There is probably a better chance of the Padres winning the World Series this year, the Chargers winning the Super Bowl and the San Diego State Aztecs winning a National championship than a Westerfield acquittal."

Fess up Mr. Dusek, we know it's you.
874 posted on 08/07/2002 5:56:29 PM PDT by gigi
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To: small_l_libertarian; JudyB1938
IF the rumor is true that Damon wasn't home with the kids as stated, but was out at the Paintball arcade, could he have taken Daneille there. Then wandered off from her, and someone took her from their.

Blue Paint under the fingernails. Most paintball bullets I have seen have blue paint in them.

Damon doesn't want Brenda to know he lost Danielle, figures she will come home eventually or someone will call, having found her.

?

875 posted on 08/07/2002 5:57:05 PM PDT by UCANSEE2
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To: agarrett
Only a world? why undershoot agarret? go for broke and say

" Westerfield will be convicted by the extrodinarily big, unbelievably huge, tremendously giant galaxy of evidence against him"

876 posted on 08/07/2002 5:57:16 PM PDT by CAPPSMADNESS
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To: Jrabbit
"Oh, Brenda said it? The media didn't report it? I see. Well, since Bren is a proven liar, looks like she did it again. The kids were watched most carefully at all times, according to Brenda.(except when she left Danielle in the dressing room at Mervyns, alone)."

I think you sent this answer to the wrong person.

I said Brenda made the comment Danielle would run off and hide and they would have to spend time looking for her. If the mother's lying - how am I to know. I just heard her make the statement. It does however cause me to believe the child could have left the house by herself and could have been taken off the street by Westerfield.
877 posted on 08/07/2002 5:58:28 PM PDT by CyberAnt
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To: the Deejay
Why dump the body of all things, so near a busy/heavily travelled road?

Why dump the body at Dehesa RD? Near a MOUNTAIN BIKE TRAIL (familiar to Damon)

Why dump the body at Dehesa Rd. while Damon and friend from Florida were out running around (unwatched by LE) handing out flyers (in the desert). And then afterward telling searchers in the desert they needed to head back towards town to search (i.e. towards Dehesa Rd.)

Gee, what can we conclude?

878 posted on 08/07/2002 6:00:13 PM PDT by UCANSEE2
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To: Greg Weston
Yeah maybe in some fantasy world.

Like one where mole-hills are mountains and a quarter-gram is a ton?

Where middle-aged fat guys levitate around the neighborhood invisibly on a floating puddle of anti-gravity sweat?

One where peoples DNA only matches 12 out of 13 markers of itself?

Where 6'2" men are shorter that 4' girls?

Where 24 hours is a week and a half?

DW scapegoaters are the ones in lala land.

879 posted on 08/07/2002 6:00:23 PM PDT by Yeti
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To: shezza
I saw an interview on local TV. Whether Brenda was lying or not is up for grabs.
880 posted on 08/07/2002 6:00:42 PM PDT by CyberAnt
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