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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

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To: demsux
prollly be back in about 15 minutes or so...i'm a stud

Don't fall for the pizza & garage bit. Check the kids !

1,121 posted on 08/07/2002 11:52:53 PM PDT by dread78645
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To: Rheo
it was probably carried in on someones shoe or in their pant cuff.

Fascinating. A crime scene that collects evidence.

Next time I'm out I'll ask my local cop "how many rim-fire .22 casings do you have in you trouser cuff ?"

1,122 posted on 08/08/2002 12:01:40 AM PDT by dread78645
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To: dread78645
But Damon put up a gate to keep people out, didn't he? Was this before or after he decided that the LE had enough evidence out of his house? And if there were sparkly things all over the floor, why weren't any tracked or traced anywhere? Ok, enough. I sure hope at least one juror has some questions like we do!
1,123 posted on 08/08/2002 12:11:14 AM PDT by Jrabbit
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To: crystalk
Who wears pants with cuffs?

Ah, ever hear of Haggar slacks ?

1,124 posted on 08/08/2002 12:19:36 AM PDT by dread78645
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To: JudyB1938
How do you think those jurors with military experience will carry out their duties? In other words, does a military background help in discernment?

I'd like to think so, but there are also the "lifers" who just nod to the HHIC and do as they're told.

There's a CPA. If he's as detail-oriented as many are, hopefully he'll pick the prosecution's fantasies to pieces.

Then there's that gal who has been on a jury and has work experience in criminal justice. Surely, she will be able to figure things out.

Again, you and I see the case as a crock; but there is no telling what these folks might do.

1,125 posted on 08/08/2002 12:44:14 AM PDT by dread78645
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To: CyberAnt
If DW was involved, it was possibly to help Damon and Brenda, and not to murder Danielle.

What do you mean? help them how? By doing what?

1,126 posted on 08/08/2002 2:19:00 AM PDT by PoisedWoman
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To: KnutCase
Remember how the dry-cleaning lady told the LE that DW was not his usual happy talkative self? THIS was evidence?

Flash back to Damon. Damon was upstairs in the Bed when Brenda came home. That's when Barb laid on top of him to give him some "comfort".

Damon then went downstairs and told them to leave, and it was testified he was in a "somber mood".

So I add "Damon in a Somber mood" to your list.

sw

1,127 posted on 08/08/2002 4:37:55 AM PDT by spectre
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To: the Deejay
OH THANK YOU, DEEJAY!! I thought I was hearing things when he used the "F" word...Naaahhh, I said to myself...couldn't have been! BAWAHAHAHA! He did, didn't he?!

sw

1,128 posted on 08/08/2002 4:44:40 AM PDT by spectre
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To: JudyB1938
As I understand it, the state of Kalifornia won't flip Feldman's tab for an appeal. He would have to get a regular public defender. This works for the state for a hung jury as well.
1,129 posted on 08/08/2002 6:52:38 AM PDT by Jaded
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To: Jrabbit
And why weren't there sparkly things in David's environment?
1,130 posted on 08/08/2002 6:55:16 AM PDT by Jaded
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To: dread78645
Fascinating. A crime scene that collects evidence.

This is one of the items about this case that fascinates me about as much as it appalls me. A young woman is gone,foul play is suspected,if not yet established,and there's a spent cartridge casing on the floor. But according to the investigators,"It doesn't mean anything."

FWIW,did the VanDam couple have any firearms in the house? They don't strike me as being the type that goes in for having a bunch of hardware around the house.

1,131 posted on 08/08/2002 7:26:25 AM PDT by sawsalimb
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To: dread78645
Take all the facts to determine reasonable interpretation, not one at a time. Contrary to the jury instructions.

That troubled me too so I dug up the directions and read this a number of times

FURTHER, EACH FACT WHICH IS ESSENTIAL TO COMPLETE A SET OF CIRCUMSTANCES NECESSARY TO ESTABLISH THE DEFENDANT'S GUILT MUST BE PROVED BEYOND A REASONABLE DOUBT. IN OTHER WORDS, BEFORE AN INFERENCE ESSENTIAL TO ESTABLISH GUILT MAY BE FOUND TO HAVE BEEN PROVED BEYOND A REASONABLE DOUBT, EACH FACT OR CIRCUMSTANCES UPON WHICH THE INFERENCE NECESSARILY RESTS MUST BE PROVED BEYOND A REASONABLE DOUBT.

The way I can reconcile the prosecutor and the above is that the facts themselves (ie existance of blood, hair, fibers etc) each have to be established beyond a reasonable doubt and then the inferences drawn from them would be considered in total. So, in the instant case we would first acknowledge that each piece of evidence exists without drawing infernences and then when that step is done go to the step of drawing an inference from all of the evidence not just bits of it.

1,132 posted on 08/08/2002 7:28:08 AM PDT by VRWC_minion
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To: JudyB1938
There's a CPA. If he's as detail-oriented as many are, hopefully he'll pick the prosecution's fantasies to pieces.

I am a CPA and trained to gather evidence sufficent to support my opinions. You might be disapointed.

1,133 posted on 08/08/2002 7:36:07 AM PDT by VRWC_minion
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To: PoisedWoman
Interesting statement. Can you imagine two pre-teen boys living next door to an unlocked motor home and not going inside to play or at least check it out? Or even to have a scuffle and leave blood on the floor? Has anyone quesitoned that? How close a DNA match would they be to Danielle?

Been discussed over and over on past threads. We think Danielle and her brothers (or at least 1) were in the MH sometime in the past.

1,134 posted on 08/08/2002 7:47:19 AM PDT by UCANSEE2
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To: dread78645
Matching 12 in 13 is very stong, match 13 of 13 is a killer.

I know they testified to this, and I heard what 'they experts' said, but is 12 of 13 open to meaning it could be her brothers or mom's ????

1,135 posted on 08/08/2002 7:52:07 AM PDT by UCANSEE2
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To: dread78645
Fascinating. A crime scene that collects evidence.

Not only that, but the .22 casing that was in the police 'evidence' lockup, was checked out (taken out of evidence) by an 'unknown, didn't even sign for it' person, and then returned later.

1,136 posted on 08/08/2002 7:53:44 AM PDT by UCANSEE2
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To: PoisedWoman
I agree, I think that Westerfield will be convicted on this and I don't think that the prosecution has proven their case, at all.

I think that there needs to be alot more media coverage of the diary. The media has shied away from covering the family because of their swinging life style. Their immorality has actually worked for their benefit.

I have been thinking of e-mailing Greta VonSustern and asking her to invite the man who read the diary (from that children's fund group)to be a guest on her show. I would like to see her act as the defense attorney, questioning the man and have another lawyer act as the prosecution, cross examining him. That way we could judge the veracity of his
story a little better.
1,137 posted on 08/08/2002 7:57:20 AM PDT by Eva
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To: VRWC_minion
The way I can reconcile the prosecutor and the above

You can take the statement you posted and interpret it any way you want. You are free to do so.

The JURY has to follow the INSTRUCTIONS given to them by the judge, and he went over this instruction and made it very clear what was meant. So did Feldman.

DUSEK OTOH, wants the jury to ignore each piece of individual evidence and testimony, and facts and figures. He wants the jury to just BELIEVE that DW grabbed the little girl and took her. No other explanations or proof need to be considered. BECAUSE that is all DUSEK has.

1,138 posted on 08/08/2002 8:00:19 AM PDT by UCANSEE2
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To: UCANSEE2
The JURY has to follow the INSTRUCTIONS given to them by the judge, and he went over this instruction and made it very clear what was meant. So did Feldman.

I agree and seeing that neither Feldman nor the court objected to the charachterization done by Dusek I imagine the jury will conclude that Dusek's explanations are correct.

1,139 posted on 08/08/2002 8:17:38 AM PDT by VRWC_minion
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To: CyberAnt
I SAID they stuck their toes into the step, which was NOT open. They then hung onto the handle with one hand, and opened the door with the other. And yes, my RV was VERY similar to his. There is not much variation in the way the doors and steps work, you know.
1,140 posted on 08/08/2002 9:19:00 AM PDT by Politicalmom
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