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.

[Politicalmom]

Don't forget she "ran into Damon's leg" and suffered a laceration, which bled so much they locked her in the backyard.

I believe that, don't you?

[Politicalmom]

Sorry, forgot the (/sarcasm) tag. : )

The dog was obviously neglected and abused. Probably too terrified to do what she was supposed to do: protect.

[Krodg]

I was going to say the same thing, but I got too long winded.

[John Jamieson]

"hanging a man on a misdemeanor charge"

Kind of a death penalty misdemeanor!

[Yeti]

*just another middle aged guy who has been inbibing in adult cocktails on his way to bed LOL*

Hey!.. I resemble that remark!

[Krodg]

The motive was the porn, which is a misdemeanor. Nothing else has been proven. If you find porn so offensive you would convict a person of murder with circumstantial evidence and reasonable doubt, IMO you are hanging a man on a misdemeanor charge. The porn itself is not a DP charge, but the weight a juror puts on the porn could send someone to their death.

[Krodg]

Oh, good grief!! Emotions are so high, some of us argue with every post without even reading what was said.

Sorry.:(

[John Jamieson]

No expert would make that connection but some on the jury might. If their going to convict him of kidnapping and murder, seems to me, that they ought to have some proof of kidnapping and murder.

[John Jamieson]

That's OK, I've done it myself!

[the-gooroo]

Sure I believe it. Don't you believe a drunk heavyset, 50 yo man broke in a neighbors home to abduct their daughter while everyone slept? AND During this risky operation he had to spend a couple of hours quietly hiding in a cramped closet. He then had the little girl change her clothes because she soiled herself out of fear when she saw him but did not scream. She opened the dresser drawer and closed it just right (because this man is a neat-nik donchya know) without making a sound. She did all this without leaving one little fingerprint. Then he carried her down the stairs, out the back door and down the street and no one saw a thing. THE END

[Krodg]

That's the part I have the most trouble with. Duesk never proved Kidnapping and went as far as saying he didn't have to prove how he (DW) did it. If you were on a jury, wouldn't you want them to tell you how the crime was commited?

[Krodg]

Awesome!!

[John Jamieson]

You talking about the drunk in the black cowboy boots? Have you seen a photo of the hallway full of pictures and funiture. Nothing for the 200 pounder carring the wiggling 60 pounder to trip over in the dark.

[Krodg]

One more thing Feldman should've pointed out!!

[John Jamieson]

Only in America!

Maybe the jury is smarter than we think.

[John Jamieson]

Dusek "channels" Danielle, WOW. First he reads DW's mind, sees the entire crime in his mind and now channelling. Miss Cleo got nothing on him.

[John Jamieson]

Maybe Dusek will read us Edgar Allen Poe selections during sentencing. The rythmic bumping of the 4 foot girl's head against the headboard by the 6 foot attacker really got me! NOT.

[the-gooroo]

That's the one! Good observation, JJ. And let's not forget how this "creepy" man ever so gently lifted the netting for the little girl and placed it back just right. It would be a travesty if something so pretty would have been soiled or torn in any way.

[The Other Harry]

Added to ping list.

Me too, please.

[Krodg]

That little 'inspiration' left me cold. I've seen posters on other forums post letters or thoughts from Danielle and all they are doing is giving their agenda. Duesk did the same. YUK!!!

There are only two facts in this case. Danielle was not in her home the morning of Feb 2nd and Danielle is dead. Two proven facts.