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.

[FresnoDA]

VD Weekend Thread Alert....

World Porn Ring Hits Home: Not like Poway, Fresno low on Van Dams relocatation list!

[connectthedots]

Much has been made of the fact there was very little insect activity in Danielle's head. Is it possible that whoever killed her place a plastic bag over her head and then later removed it when disposing of the body? Either way, it would seem to exonerate DW.

[FresnoDA]

Ping 1

[FresnoDA]

Due to intense TJ and VDA activity...2 threads are available for weekend usage...this one...and previous post...

Heheh...Blam..Blam..Blam..

FresnoDA/frr

[the-gooroo]

I don't know if LE ever checked VD's suv. They could have been in his vehicle but went to her car first to get a blanket or vice versa. So many possibilities.

[Krodg]

There are many things I would have liked to see Feldman address but I will just have to believe that he put his efforts where he thought it would do the most good.

If he had been a total stranger the DNA evidence would confuse me, but I would still have reasonable doubt because of the bug testimony. If that were the case, I would think he might be an accomplice (DA didn't go there) or perhaps his son did it. I guess the bug guys removed all my doubt.

I'm sure if I had seen the porn I would have cried too, but I just don't see it as a motive in this case. I can't see hanging a man on a misdemeanor charge.

I also think Feldman brought in as much outside info as Mudd would allow. He was very limited on what he could and couldn't do. The state is always right.

[the-gooroo]

re: Brenda saying the dog was edgy that night. She and Damon also differ on whether the dog was locked in the son's room. Damon sez yes, Bren sez no, because she could hear the dog downstairs looking for a place to sleep. Who's telling the truth?

[Jaded]

On the original one, bouncing on my poll. It lets you vote more than once. Sound familiar?

The others that I added last night, just people coming from the other poll. Tracking is a beautiful thing.

[Jaded]

He was already gone by then. But I'd sure like to know who's prints were on the SUV, that the judge shut down. That, IMO, could be very telling. Could explain the orange and blue. But hey, why bother with all the facts?

[Jaded]

Yeppers, but why bother with the truth about the evening?

[Jaded]

Neither apparently. Can't even remember where they were when the girls got there or if the D had pizza at 2:15. That odor is getting quite offensive, ya ask me.

[Krodg]

I was watching a Forensic File show the other evening and the dad smothered his daughter with a pillow (two small bloodstains) and wrapped her head in plastic bags before he carried her from the house.

An LE officer told the guy that he was sure he had done it but that he probably hadn't buried her deep enough and the animals would get to her. The dad didn't know that LE had placed a tracking device on his car, so he went to a new site & dug a deeper grave and went back and moved her.

He was convicted. Motive? His little girl and new girlfriend didn't get along, so something had to give.

[Krodg]

I tried voting several times to see what would happen and the not guilty never moved.

[the-gooroo]

I can't remember from all the testimony what the latest time was that DW was seen at the bar. Do you have any idea?

[Eva]

I want to ask all the posters if any of you have ever had a dog who allow a stranger to walk into your home, go up the stairs and take a child from their bed.

When my dog was about 6 months old, we had a peeping Tom in our backyard (2.5 acres). The drapes were all closed, the doors locked and all lights off in the house. We were all in bed. The dog started going nuts until we let him out. We thought he needed to relieve himself because we saw nothing. He cornered the guy in a tree on the edge of our property and wouldn't let him down. The dog would never allow a stranger to come into the house and remove a child, or even touch a child for that matter. When we would take him to my son's bb games, he wouldn't let anyone lean on our car. This was just a springer spaniel.

Now do any of you have a dog who would not alert the family to a prowler?

[the-gooroo]

Just like Susan Smith. This kind of evil is the most difficult to accept, that a parent could do such unspeakable acts to their own flesh and blood.

[dread78645]

I'll have to agree with you, but swap the guilty/not guilty.

Not guilty 30%
Guilty 10%
Hung jury 60%

[Jaded]

Glennie Nasland said close to 12:00.

[Granof8]

We've had Weimaraners. A great breed, very protective of children.

[Kerensky]

Now do any of you have a dog who would not alert the family to a prowler?

The problem with the van Dam's dog is that it was over stimulated. Imagine the hordes of men and women in heat (hormone clouds) tromping through the house. The dog was also most likely stoned from marijuana smoke and wired from residual cocaine on the floor and in the carpet.

By now, the dog was too tired to bark at strangers, activities or smells.