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.

[small_l_libertarian]

Friday, Feb. 15:

"Just before 8:30 a.m. Friday Damon van Dam pulled off Highway 8 in Ocotillo, and with the help of his best friend, they hung a huge banner above the freeway in eastbound lanes"

Ocotillo is 70 miles from Dehesa. I'll keep looking.

[Jaded]

I had the opportunity to read the jury instructions. It's different on paper than when you're listening. You catch more that way. That was why I made that comment. It wasn't intended as an attack on you. Juries are funny things though. This case has certainly been an experience.

[small_l_libertarian]

I'm looking at Yahoo driving directions maps. Maybe I'm misunderstanding what I'm seeing. I'll go back and check again. Meanwhile, nobody should believe what I said about driving directions.

[John Jamieson]

Keep an eye out for any more information about Damon's high school boy friend. Somebody needs to question him and look into his background. Is he now driving a blue van?

[Jaded]

That would also explain his cheap theatrics with hitting the table and the rope. If that's how So Cal operates judicially, anyone with in the boundaries of the Southern Left Coast is fair game. Look out.

[pinz-n-needlez]

Thanks for posting these, Kerensky.

This last guy, Lawson, isn't the same Lawson who checked the computers for Feldman, is he?

Unposted.com's connection between Negrete and Damon is frightening, especially when seeing the other coincidences in child abductions, swinging parents, and nonbarking dogs.

[small_l_libertarian]

Okay, I just went and looked again, and Borrego Springs seems to be the furthest north location. When I used each of Damon's destinations as a beginning address and Dehesa in El Cajon, CA as the destination address (the red star actually landed on Singing Hills Resort when I zoomed in), all of the starting points go straight to I-8 and then to Dehesa via County roads. All except Borrego Springs are fairly close to I-8. Borrego Springs requires a bit of a drive south, though, to reach I-8, but it is still in the general direction of the line from Dehesa. Am I missing something? (It's entirely possible.)

[John Jamieson]

There are two Ocotillo's, one is Ocotillo Wells up by 78.

If Damon put up a banner at 8:30am in Ocotillo on I-8 at 8:30 he would have driven south from Poway to I-8 and gone right by Dehesa about 7am or earlier. What time is sunup in SD in mid Feb? Was there more than one banner? Did any of them have an arrow on them?

[pinz-n-needlez]

You're so right.

That rope was sooooo inappropriate and he looked like an ass. Especially after he whined and objected when Feldman used the phrase, "pull the plug," in a totally appropriate manner. What a babyhead!

And that table pounding was so off base. There is no charge for rape, there's no evidence of rape, or indeed, any ahem, dna material reported anywhere in DW's home or motor home. He totally went for a cheap shot, underscoring the pathetic state of the prosecution's case, imho.

[Jaded]

I could agree with that except for the next door neighbor said that they went over there on Friday. But when?

[John Jamieson]

Sunrise in SD on 2/15 was 6:32am. He would have had to leave the house, get the body from a frig somewhere and dumped it at Dehesa before 6:32am. Easy ride to Ocotillo before 8:30am, on to Glamis, loop north and go to Borrego on the way home.

[Bluebird Singing]

Were these the new neighbors and did they testify?

[the-gooroo]

This is really bugging me. I hope there's no need for this but I think this could be used for an appeal, among other things. Are there any legal eagles out there that can explain why the judge allowed Dusek to graphically describe to the jury just how DW raped this child even though he's not charged with rape?

[small_l_libertarian]

The first source I found (I believe it was North County Times) said that Damon planned to go to Ocotillo Wells. All of the people that were in the articles, though (volunteers, firefighters) it said were in Ocotillo. I used plain old Ocotillo in my searches. The 8:30 a.m. banner hanging was in plain old Ocotillo, though, according to the articles.

[John Jamieson]

What a trial this would have been if Feldman's opening statement had been:

"We intend to show that all evidence of Danielle's presence in the Mortorhome and David westerfield's home were planted by LE, and the the only person with the motive and opportunity to kill Danielle was Damon van Damon. The bug evidence will show that Damon dumped the body of Danielle at Dehesa, just before sunrise on Febuary 15th."

[small_l_libertarian]

He could certainly have made it from Poway to Dehesa to Ocotillo by 8:30 if he left Poway near dawn. (About 2hrs according to Yahoo.)

[The Other Harry]

Are there any legal eagles out there that can explain why the judge allowed Dusek to graphically describe to the jury just how DW raped this child even though he's not charged with rape?

I'm not a legal eagle, but I think it could only be used if Feldman objected and was overruled. Not sure whether that happened.

It certainly seems improper to me that Dusek got away with doing that.

[small_l_libertarian]

You are absolutely right about Ocotillo Wells, it's up next to Borrego Springs. Could easily do both of those on one leg of the trip and head back down to I-8, or if at the end of the trip, back to Poway.

[John Jamieson]

He had to go down to I-8 somewhere anyway. What does your map say is the best route to get from Poway to Ocotillo?

[juzcuz]

Other missing persons--

AMANDA MARY DOUGHERTY 5 years old in Florida. She went missing sometime after midnight- SEPTEMBER 22, 1994.

The date is really UNCANNY-- DANIELLE VAN DAMS' Birthday was SEPTEMBER 22, 1994. Brenda said she was born in Texas.