[crystalk]

I predict DW will take the stand on appeal.

[Cyber Liberty]

Nope. Can't introduce new evidence unless there's a retrial.

[cynicalman]

I predict DW will take the stand on appeal.

He will only take the stand if he :

a) if he is guilty and admits its or

b) not guilty and so states from the witness stand to let the jury know they made a big mistake and therefore spare him his life.

If he is guilty and does not admit it the prosection will rip him a new one on the stand.

[wimpycat]

I predict DW will take the stand on appeal.

He won't testify during an appeal. An appeal doesn't try new evidence. An appeal only tests whether proper procedures were followed during this trial and stuff like that. Westerfield might testify if there's a successful appeal and if a new trial is ordered.

[winodog]

He is broke. He will not have money to hire a good lieyer for the appeal.

[Spunky]

I predict DW will take the stand on appeal.

My experience with appeals is ONLY THE LAWYERS DUKE IT OUT IN FRONT OF THE SUPERIOR COURT JUDGES. It is not a trial over again.

The defense lawyer has to try to convince the Superior Court Judges that something went wrong in the original trial and that is why a guilty verdict was found.

[FreeTheHostages]

I predict DW will take the stand on appeal.

People, people, why are you wasting your breath contesting Crystalk's claims that Westerfield is innocent. of course he's guilting, but the fact that you can't persuade Crystalk doesn't mean that it's a majority sentiment on this thread. Look at why this person posted above: they think that the bandit gets to testify on appeal! hee hee -- and someone already patiently explained that appeals aren't for new evidence to this person too.

I implore my fellow Freepers to give up trying to get human sponge-brains to change their mind. It's not worth it. Fear not: reread these posts, and you'll see there are really only 3 or 4 idiots parading around talking about his innocence. One of whom has alreayd admitted to being a criminal defense lawyer (sigh, not that there's anything wrong with that per se, but I never did meet a conservative criminal defense lawyer so i'm slightly skeptical what they're doing here).

[Freedom2specul8]

"I predict DW will take the stand on appeal"

I'm sure you've already read this from someone else by now.
DW cannot take the stand during the appellate process. the purpose of the appellate process is to prove the judge errored during the trial, or mistakes were made.

Appellate courts will judge based upon transcripts..and procedures taken by the judge.

[P-Marlowe]

I predict DW will take the stand on appeal.

Take if from a Lawyer. You can't take the stand on appeal. The appeal is only to determine if there has been a violation of statutory or case law in the proceedings or there is a finding that the evidence was not sufficient to find guilt. In this case there is the little problem of the UNEXPLAINED presence of the victim's blood on the murderer's clothing.

If he thought he could have explained that, he had his chance at trial. He didn't try to explain it. That's because the only explanation is that HE'S GUILTY.

He will not be given an opportunity to take the stand on appeal. No one is ever given that opportunity. Dream on. Your favorite Child Rapist Murderer is Guilty. He will stay Guilty. There is not a snowball's chance in hell that this verdict will be overturned on appeal. I would be willing to bet my house on it.

You'll just have to move to San Quentin if you want to fawn over him. Maybe if you're real nice he'll invite you to the needle stick party.

[Illbay]

You're wrong. There is no "testimony" during an appeal. The appeals court reviews the trial transcripts. Heck, I'm not even sure that they look physically at the exhibits.

"Appeal" means "I think the trial outcome was wrong because the law was applied incorrectly/the jury received faulty instructions/the lawyer was incompetent/ad nauseum." It doesn't mean a "retrial," although such a retrial can occur if the appeals court directs it.

This case was open-and-shut. Westerfield is going to die for raping and murdering that little girl, and you need to just accept it.