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.