I think I've discovered your problem.
So yes -- the best can be said is "If Westerfield did it." That's a problem, a problem -- to my thinking -- in Jury Trial procedures that have come to pass, and that are still novel -- the use of plea bargaining, the suppression of any evidence or rumor from presentation to the Jury -- a Jury should be most fully informed of everything, and given direction as to the legal weighing of hearsay, improperly gained testimony and evidence etc. and this rotten invention called a "sentencing phase".