Posted on 08/06/2002 8:53:49 PM PDT by FresnoDA
Prosecutor: Westerfield guilty 'beyond possible doubt' |
||||||||
|
||||||||
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."
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.
|
|
Interesting. I read about this a couple of years ago,and I can't remember where I read it,so consider it anecdotal. Here's what I remember from the article:
There was a murder case in the UK somewhere,and since the area was rather thinly populated,and DNA evidence was available(I think skin fragments under fingernails,but like I said this was a while back),the cops took a shotgun approach and just grabbed DNA samples from everyone that lived around there. They got a hit. There was a problem.
The guy that they initially thought did it had been several hundred miles away at the time,and had both witnesses and hotel receipts to prove it.
What had happened was that the cops were using an inital screening process-somewhat of a low cost method-and it only looked for a small number of markers(I want to say eight,but again,don't quote me). The area was fairly remote and hadn't seen any significant population influxes for decades. The same group of families had lived there for quite some time,and what with marrying back and forth,everyone was pretty much related to everyone,and lugging a bunch of the same genetic markers around.
When the cops went to a higher standard test,they found the guy that had done it.
So,I suppose the moral of the story is that,yes,DNA is good,but it might not be quite as foolproof as we like to think. And this story might not have had a happy ending if the initial suspect hadn't had those receipts and witnesses.
What is the name of the friend who was in the desert with Damon? Isn't he from Florida? Can that friend be traced as another of the teens from the Walsh incident? Why would Damon go out there searching for Danielle with his friend from Florida and not one of his current (pizza party) buds?
"Yes, her mother indicated she was known for running off and they would have to spend hours looking for her"
Then Miz posted this:
Please post the source for this. I've followed this case closely, and frankly, all I've heard is the exact opposite. Methinks you're spinning. But show us the interview or testimony, and I'll give it more credence.
Afterwards you refused provide proof.
First, the IDEA that Danielle ran away often and the parents had to look for her was from the BROTHERS of Danielle. The TESTIMONY of it was SUPPRESSED in COURT by Judge MUDD.
BRENDA did not say this, as a matter of fact, she totally DENIED IT.
We all know Brenda is a LIAR, that is a proven fact.
SO, Miz was asking you to prove BRENDA made that statement , which you can't because she never did.
Miz would have LIKED for you to have been ABLE to PROVE BRENDA admitted that.
You assume that MIZ and others are not on the same VIEW or SIDE as you because they ask for proof when you make a statement they KNOW to be false.
Maybe with more time on the thread you will come to a better understanding of others and actually find out YOU had some things mixed up.
Happens to all of us, so don't take this wrong or as an insult.
I took the trouble to go back and look up from reply to reply what you and MIZ were discussing and wanted to clear the air for both of you.
If I hear "Oh Boy" and "stinks" much more, I might have to run for the remote.
$50.00 on the Chargers.
Capps, you limit yourself when there is a whole UNIVERSE out there pointing to DW's guilt according to some LOL
My gosh....you're right. I hadn't thought of that.
Remember Giuseppe Zangara ("pusha da button I not afraid of the chair!")? From killing Mayor Cermak to Old Sparky in under five weeks. But that was 1933.
Defense Feldman: Danielle Van Dam Knew Her Abductor: Dusek, Still Talking...Westerfield Waiting
Also Daddy please love me. Please forgive me, next time I'll be better".
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.