Jury begins deliberations -Prosecutor says victim has pointed to her killer (keep it civil)

UNION-TRIBUNE signonsandiego.com ^ | August 9, 2002 | Alex Roth

[dread78645]

Jurors in the David Westerfield trial began deliberating yesterday after hearing a final statement from the lead prosecutor, who beamed a photo of 7-year-old Danielle van Dam onto the wall and urged the jury to focus on the physical evidence.

Finishing closing arguments in the two-month murder trial, prosecutor Jeff Dusek called a blood spot on Westerfield's jacket the "smoking gun." And Dusek imagined what Danielle might tell the jury if someone could bring her back to life "just for a moment" so she could answer the question, "Please tell us who did this to you."

"I've already told you," Dusek said the girl would tell the jury. "I've told you with my hair and where you found it. I've told you with the orange fiber that you found on my choker, and where you found it.

[the-gooroo]

I've wondered myself about the VD's ability to afford such a lavish lifestyle. Half million dollar home, travel to Europe with three children, just returned from Disneyworld in FL, expensive vehicles and expensive shopping spree w/ limo. Does any body know what kind of $ Damon could possibly earn at his job? ------- They also had some big financial transaction take place on the 19th of Feb.. (before Danielle was even found) I don't remember if it was a loan or refinance on the house---anybody know the details. I suspect a drug angle/connection also.

[Bluebird Singing]

I was just going to ask if anyone knows if the boys had their photos taken also.

Damon was supposed to go snowboarding that weekend. Brenda was going out with the girls. Was Danielle left off somewhere with someone to free up their weekend?

[small_l_libertarian]

No one has responded to my post from last night about why the drycleaners weren't asked in court to identify the items that DW brought in - does that mean you guys all think I'm on the wrong track here? It's still bugging me, but if you guys think I'm nuts, I'll stop worrying about it.

[Bluebird Singing]

I think that's a great point. I didn't watch the testimony but that makes sense.

[pinz-n-needlez]

You could see from their PH testimony that they had a hard time trying to figure out where to draw behavioral lines for public consumption. They seem to live in a world steeped in hedonism and self gratification. That may be why they're having such a hard time tailoring their emotional outbursts and maddogging at the courthouse.

You know, I've always thought that Clinton leaked Monica's activities at the White House to distract folks from all the other wrongdoing he was and is involved in. Adultery sells to the public, especially when the technicalities of drug and porn deal on an international scope is the alternative.

I think we need to keep digging. Maybe it's good that the jury is taking their sweet time. Heaven knows what we might turn up in this interlude about all the players in this sad little tale.

[Kerensky]

Damon van Dam was a software engineer for Qualcomm:

[pinz-n-needlez]

Writing software for cell phones?

[small_l_libertarian]

I watched it, but didn't notice until rolling_stone pointed out that the first clerk (Julie Mills) never did say what the items looked like. I went back and re-read all of the testimony from the two clerks and the cop who picked up the stuff. As best I can tell, the cop is the only one asked to identify the items.

[rolling_stone]

I think the clerk could not identify the items, thus it couldn't be pursued further without DW testifying. Maybe in one of the statements by DW he was questioned about it but that didn't make it to trial because of some statements being excluded.

[demsux]

Brooke Rowland, 41, both of San Diego.

Participating outside California were Tracy Reynolds, 40, of Texas; Leslie Bowcut, 28, Idaho;

HELLO, does it seem odd to anyone else that these three names appear to be FEMALE names.

Wonder if Barb knows any of these women?

[juzcuz]

I agree- Danielle not kidnapped out of her house that night..
So many pieces about this case seem so odd. Here's another odd piece from my perspective. Although I have no experience in LE, this senario seems strange to me...
That Sat. morning that Danielle was found missing, LE arrive. LE stay all day Saturday, LE still there at 3:00AM Sun. morning, when forensics were taking finger prints, blood evidence, etc. Someone calls Det.Thomsovic out to the VD's. Now, Det. Thomsovic states he arrives with Ernie Hebert=LE child abuse expert. One of the things they look for is blood evidence. Yet, blood evidence was found on the cuff of Danielle's PJ's. This blood evidence wasn't reported to Det. Thomsovic or Hebert.

Also, Thomsovic stated that he went out to the VD's at 3:00AM Sun. morning to locate Danielle. He was asked: Why did you go out there, to locate Danielle. He said: "well I wasn't told that she was not there." This is really ODD to me, the child at that time had been missing for many hours, LE were all over the VD house. Danielle was not in her house at 3:00AM Sun Morn. Yet, Det. Thomsovic goes over there to find her???? He was not told that she was not there=implies that she might still be in the house???? STRANGE!!!!!!!!!!!!!!

[sawsalimb]

No one has responded to my post from last night about why the drycleaners weren't asked in court to identify the items that DW brought in - does that mean you guys all think I'm on the wrong track here? It's still bugging me, but if you guys think I'm nuts, I'll stop worrying about it.

Nope-I think you're on to something. Come to think,are the articles in question even positively identified as belonging to Westerfield? Nothing that I've seen pictures of strikes me as being something that isn't available at WalMart,or a bunch of other chain stores. And I'll own up to being neglectful and sometimes not keeping a receipt for a shirt or jacket that I've bought.

[hoosiermama]

It would looks bad for the DA if they were asked to and didn't ID them. SO, I seriously doubt if the clerks could ID the items. I'd say the chain of evidence could be doubted if not out-right broken on the jacket. HHhhmmmm

[sawsalimb]

Why am I not surprised?

[pinz-n-needlez]

WAs that the testimony about taking the dogs through the house to look for her? That made no sense to me.

Sounds like VDs had help beyond the pr people in constructing a story. But it doesn't sound like that story was decided on until sometime last Saturday afternoon.

Please keep reading up and sharing your toughts on this.

Will the gag order be lifted after a guilty or acquited verdict? What about after a hung jury is announced? Anyone, anyone?

[small_l_libertarian]

Oh! I see what you mean. But that just makes me even MORE suspicious (of the cops, I mean). This case really is scaring the you-know-what out of me. Every time I really examine a piece of evidence being used against DW, there are doubts. Every single time.

[pinz-n-needlez]

I agree.

Last night, someone lamented that people aren't willing to pay attention to the defense's arguments.

All you really need to do is to try to follow the prosecutions arguments. It is impossible to move from step to step. Even Dusek knows that, when he whined that he didn't HAVE to prove how DW did any of if, I about split a gut. That's the best statement made in that courtroom on behalf of DW.

[small_l_libertarian]

When you combine the fact that the items are so ordinary, with the fact that Julie Mills completely screwed up his order (wrong time, wrong items, entered later), and combine both of those with the fact that only the cop ID'ed the items as coming from the drycleaners...

WHO SAID THE ITEMS ORIGINALLY CAME FROM WESTERFIELD?

[nycgal]

I've been watching the Hatfill press conference. I believe this man is being railroaded by the FBI as DW was by SDPD. His demeanor while giving his statement, and his attorney's presentation, makes me think he had nothing to do with the anthrax mailings. A book he had been writing on his laptop, that was in FBI hands, was leaked to one of the networks (forgot which one).

Is this what law enforcement in the US has come to? Find a suspect and serve him on a platter to the media.

[small_l_libertarian]

Lots of things are clicking for me right now - there are so many things Feldman couldn't use without subjecting DW to Dusek BANG-BANG-BANGING on the jury box railing during his cross-exam. Orange fibers in the SUV - Brenda. Can't claim it without DW, 'cuz it's he said-she said. Drycleaning items - can't say they're not necessarily DW's, because who could testify to that except for him? Same for the kiddie porn - Dusek ended up calling Neal (who I am certain lied about the anime/hentai porn) and then claiming during close that DW and Feldman were "trying to pin it on Neal." And Dusek doesn't have to PROVE anything. Ugh. Between that and his totally-screwed-up instructions to the jury, it was just awful. I hope the jury has some thinkers on it.