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 may be wrong but I think Susan L. (DW's former girlfriend) identified the comforters from the drycleaners during cross exam. I'm not really sure if that helps or hurts your theory.

[Kerensky]

Click here to see a list of USENET postings by/about Damon van Dam going back at least to 1990

[Yeti]

It's still bugging me, but if you guys think I'm nuts, I'll stop worrying about it.

I don't think you're nuts.

I think it wouldn't have meant much for the prosecution if she had identified them, because so much else was jumbled in her memory.

I don't think Feldman would ask her, because he knows she would not have been called if the answer had been a definite no, and the effect of her saying "yes, that's it" is not the kind of thing Feldman wants to hear.

The only way Feldman would have done that is if he was pretty sure he could make her appear corrupt by identifying it. "How do you remember so well, when you remember so little else? Seems your memory only functions with certainty when it paints a bad picture of my client...." He could have chosen to avoid that line of questioning for a number of reasons.

[rolling_stone]

I don't see much testimony about it, but it also really wasn't challenged by the defense, only the 1/26 date on another drycleaners ticket, probably not challenged because the jacket also had DW's blood on it so it is linked to him somehow.

I would think the prosecution could have asked any of the DW witnesses if they recognized the jacket, of course attorneys usually don't ask questions they don't know the answer to in advance, it could have been detrimental if the witness said no they had never seen the jacket before...the DW blood link was probably sufficient in pros. mind.


Then again what day was the jacket really cleaned and was it once or twice in a week?

[small_l_libertarian]

I don't think it helps or hurts. I had figured that if the bedding was DW's, that Susan had probably bought it (DW doesn't strike me as a "florals" kind of guy). The reason it doesn't matter is that the jacket was on a separate receipt, even though it was supposedly brought in at the same time.

[John Jamieson]

I understand the blue van trip started very early on Saturday morning with the hanging of a "Where's Danielle" banner on I-8, one exit from the Dehesa area. I would think that if you had a spare body on board, you'd want to get rid of it quickly, especially if the press is looking for you.

[small_l_libertarian]

'I understand the blue van trip started very early on Saturday morning with the hanging of a "Where's Danielle" banner on I-8, one exit from the Dehesa area.'

Do you remember where you read/heard/saw this?

[Kerensky]

Writing software for cell phones?

Cell phones and systems require software. The right kind of program and the cell phone could be made untraceable, scramble voice messages and hide transmitted data. Damon would know how to do this.

[John Jamieson]

"John, please talk more about your statement about more fibers found where DW had time to clean. I see the truth of it, but don't quite get the meaning."

The logical implication is the fibers, DNA, etc. were added after he cleaned.

[John Jamieson]

The girl, said she couldn't identify the items. (nor the adress were she had worked for 12 years!)

[John Jamieson]

Brooke is a woman's name, but this one was a male. The FBI said only one woman was arrested.

[small_l_libertarian]

Right, that's what's bugging me. As best I can see, no one has shown that the jacket is DW's. There's a receipt for a "sport jacket," a girl who can't remember what it looked like, then a cop who says that's the jacket he took from the drycleaners. The chain of custody starts with the drycleaner, not with DW. (Not sure I'm explaining this well - sorry if I'm being confusing.)

[small_l_libertarian]

Need to clarify...I'm not saying the jacket is not DW's jacket. Just that there is no way for us to know that it is his from the testimony, and no way for us to know that it isn't his without DW testifying.

[John Jamieson]

only if he is "not guilty"!

[John Jamieson]

From one of our posters, right here on my CRT, it has to be right!

[small_l_libertarian]

Well, then. My mission today, should I choose to accept it, is to go and find out all there is to know about Damon's Wild Ride. I'm going hunting and will be back with whatever I find. Later, gang.

[Kerensky]

From: Damon van Dam (vandam@bnr.ca)
Subject: Childs bed forsale 
Newsgroups: dfw.forsale
View: (This is the only article in this thread) | Original Format 
Date: 1994-12-13 14:56:48 PST 
 

Little Tykes Blue Race Car Bed
------------------------------

(the small one) Fits a regular crib matteress.
Less than 6 mo. old and in excellent condition 
as the child refused to sleep in it.
(Got him a twin and he likes it - go figure)

asking $90

Toys R Us @ $130
Baby Superstore @ $109

Call only
Damon or Brenda 684-4189 or 530-9900

[pinz-n-needlez]

Ah, thank you.

As in 'flaked?' Like the hand print that only showed up after her fingers were rehydrated? And the DNA spot that was covered by a towel after the first photos were taken?

And the clothing in the washer and dryer that were photographed after LE folded them? (Thank you, Mr. Feldman for that one, I missed it.)

And the organge fibers that were found in the SUV when they went back after they saw the orange on her necklace?

Wow, if one didn't have total and complete faith in LE, heaven knows where one's skepicism might lead one. :-)

[Kerensky]

From: Damon van Dam (dvd@wonderhog.eng.ufl.edu)
Subject: Tape Sales Oppertunity 
Newsgroups: misc.wanted, misc.consumers, misc.invest, misc.forsale
View: (This is the only article in this thread) | Original Format 
Date: 1992-01-02 14:29:25 PST 
 

Exciting New Multi Level Marketing Opportunity just begining.
Self-help, Motivational, Comedy cassette tapes.
Be the first in your area.
No investment, selling, or inventory required.
Would you like to retire next year?

For more info on "Sounds Good to Me, Inc."
send legal SASE to:

Damon van Dam
5308 S.W. 81 Terr.
Gainesville, FL 32608

or call (904) 336-8866 after 5:30PM EST

-------------------------------------------------------
|   all of the above is mine and has nothing to do    |
|   with Digital Design Facility or UF                |
|            |
|      Damon           
| -------------------------------------------------------

[John Jamieson]

These people are weird. I saw one email (recently) where Damon was looking fo a good deal on some "used or damaged audio cables" to hook up the 6 channel sound on his new home theater TV system. They would have been 10 or 12 dollars at Radio Shack.