Replies

I will say that the defense needs a NOT GUILTY verdict. If there is a hung jury/mistrial and the prosecution gets a second crack at doing this, they will get a guilty verdict the second time around.

It takes ALL 12 to Convict; it takes ALL 12 for Not Guilty. Any other jury conclusion results in mistrial, and the strong probability of another trial of DW.

So far, the murder was committed by:

1. David Allen Westerfield,
2. Someone from among the Van Dam household and visitors,
3. Unidentified "outsider."

Notwithstanding the Wednesday testimony, the greatest amount of evidence remains against DAW. Wednesday may have eroded the strength regarding the child-porn on the computer, but did not touch the other evidence pointing to DAW.

I predict at least one juror will hold out for conviction of DAW, based on the physical evidence (blood, DNA, fibers). Result: Retrial.

Exactly, the defense needs a Not Guilty verdict, all 12 jurors. The prosecution only needs one, and they'll get a second shot at proving their case.

Feldy's chance of a successful defense will not improve with time. Prosecution's ability to improve and sharpen it's case by developing more/better evidence with time is obvious.

Still, it would have been better if Pfingst had held off on charging DW until the evidence was better developed/investigated in the first place.

I predict at least one juror will hold out for conviction of DAW, based on the physical evidence (blood, DNA, fibers). Result: Retrial.

And iterate to infinity or until Westerfield dies of old age?