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No Decision From Westerfield Jury: Deliberations Continue Tuesday, August 13, 2002
KGTV ^ | August 13, 2002 | KGTV

Posted on 08/12/2002 10:16:25 PM PDT by FresnoDA

No Decision From Westerfield Jury

Jury Could Take At Least A Week, Experts Say

Posted: 5:30 p.m. PDT August 12, 2002
Updated: 5:47 p.m. PDT August 12, 2002
SAN DIEGO -- Jurors completed a third day of deliberations without reaching verdicts Monday in the trial of David Westerfield, a former Sabre Springs man accused of kidnapping and killing Danielle van Dam.

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WESTERFIELD TRIAL
VERDICT COVERAGE
DANIELLE VAN DAM 1994-2002
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The six-man, six-woman panel was handed the case Thursday after more than two months of testimony.

According to search warrant affidavits made public after six months under seal, Westerfield admitted to police that he dropped off bedding and other items at a Poway dry cleaners two days after Danielle disappeared.

The warrants and affidavits had been sealed since shortly after the girl's mother discovered her missing from her bed the morning of Feb. 2. Last week, the 4th District Court of Appeal ordered the documents unsealed.

Westerfield, 50, a self-employed design engineer, is charged with murder, kidnapping and possession of child pornography.

Video
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Video Jury Has To Consider Question Carefully
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Click Here For Video Help
He could face the death penalty if the jury finds true a special circumstance allegation that the murder of the 7-year-old happened during a kidnapping.

The trial, which started June 4, included 23 days of testimony, 98 witnesses and 199 court exhibits.

Trial observers say the deliberations could come down to DNA vs. bugs -- DNA evidence that the victim was in the suspect's motor home versus testimony from defense forensic experts who said bugs on the girl's body indicated it had been dumped while the suspect was under police surveillance.

The alleged swinging lifestyle of the victim's parents, Brenda and Damon van Dam, also could factor into the jury's verdict.

Defense attorney Steven Feldman told jurors forensic evidence involving bugs on the victim's body proved it was "impossible" for his client to have dumped the body beside an East County road, where it was discovered Feb. 27.

The defense claimed throughout the trial that Westerfield was under tight surveillance by police and the media beginning Feb. 5, three days after the Sabre Springs girl was discovered missing from her bed.

 

 SURVEY
What decision do you think the jury in the David Westerfield trial will reach?
Guilty on all three counts
Guilty of kidnapping, murder
Guilty of possessing child pornography
Not guilty on all three counts
Hung jury

Westerfield was arrested Feb. 22.

Prosecutors contend the defense did not represent accurately the information provided by experts who study insect infestation of corpses.

Physical evidence -- including Danielle's blood on Westerfield's jacket and fingerprints, hair and fibers found in the defendant's motor home -- point to Westerfield's guilt, prosecutors said.

Feldman said the prosecution presented no evidence that Westerfield had ever been in Danielle's home. He noted that her parents testified to holding sex parties in the home, and said one of their house guests might have committed the crime.

Feldman also suggested that Westerfield could not have maneuvered his way through the darkened van Dam home the night of Feb. 1 without anyone hearing him seizing the 58-pound child.



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To: pinz-n-needlez
Are you and John liking me for a suspect??

Why all these questions about what I would do???....I never leave my house I tell you...never!!

:-)...sounds pretty stupid when you write out what they want us to believe, doesn't it?

21 posted on 08/12/2002 11:05:50 PM PDT by Rheo
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To: John Jamieson
Yes if I had done such a terrible thing I would have burned the clothes and disposed of the ashes by scattering them in the wind or ocean in different places. If I had a spot of blood on my carpet, I also wouldn't put a towel over it (cut it out and destroy it)..or was that towel supposed to show how DW didn't see it?

Maybe burning the evidence was supposed to happen when the first "false" reports of DW having a huge fire out in the desert. Amazing, most of what DW told the PD was true, much of the rest can be because of faulty memory. I know if I was asked everything I did on long trip like that after drinking too much on friday nite, I doubt I could give completely correct answers.

Maybe DW is guilty and maybe he isn't, I doubt we will really ever know and I would hate to be on that jury especially with all the talking heads spewing nonsense on TV.

A lot of unanswered questions here IMO.
22 posted on 08/12/2002 11:08:53 PM PDT by rolling_stone
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To: UCANSEE2; FresnoDA; Mrs.Liberty; demsux; MizSterious; Jaded; skipjackcity; RnMomof7; spectre; ...
PING ))))))))))))))))))))))))))))))))))))))

NEWEST GOLDEN COMMENTS

the state did not come anywhere close to proving that he did.

I think the State's case stops at the van Dam's door. They have not presented a shred of anything that places DW in the home or an indication that he abducted Danielle. Kidnapping must be proven or murder can't be. Has kidnapping been proven?

IMO, Jeff Dusek suggesting that we just have to believe that he got into the house undetected and got her out of the house somehow is asking way too much. It is the key to everything they claim happened subsequently and the key doesn't fit the lock.
by Southflanknorthpawsis

The bugs have more credibility than most of the witnesses in this case.
by tunneldiver

Dusek's theory used a lot of 'missing' evidence.
There was the blood all over the 'missing boots'.
There was the blood all over the 'missing comforter'
There was the 'missing blue blanket' that Danielle was wrapped in to keep the bugs from getting to her.
There was the 'missing orange UFO' that left orange fibers all over DW's house and Danielle's body.
There was the 'missing blue/grey UFO' that left blue/grey fibers on Danielle's body and in DW's MH.
There was a missing breifcase with that had a million dollars in it, that police still refuse to return to me.
There is the 'missing' NASA Spacesuit that DW used to enter the VD home.
Seriously, Prosecution/LE's theorized all kinds of things and then searched for the evidence to prove it. Apparently, when they couldn't find the evidence they needed, they either faked it, or declared it missing.
by UCANSEE2

Those dry cleaning reciepts have 3 different times on them and the computer was up and down. Maybe DW only went once, and maybe he wasn't naked, and maybe the clerk has the mind of a potato chip.
by John Jamieson

23 posted on 08/12/2002 11:22:39 PM PDT by UCANSEE2
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To: rolling_stone
A smart lady asked a good question...

Why would that detective search for days for the drycleaning place if DW had already told them about it?

Did it give Ott some time at the cleaners?

24 posted on 08/12/2002 11:23:43 PM PDT by Rheo
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To: cyncooper
HEY, Cyn. See post #10.

I think you and I disagreed on this subject. (forgive me If it wasn't you).

In one affidavit, San Diego police Detective Terry Torgersen said Westerfield told detectives he submitted items for cleaning at Twin Peaks Cleaners the morning of Feb. 4.

But wait...didn't he hide that trip and only fess to the later one?

I said DW didn't LIE to police about his trips to the dry cleaners.

"Search warrant affidavits released today describe David Westerfield admitting to police that he dropped off bedding and other items at a Poway dry cleaners two days after Danielle van Dam disappeared."

25 posted on 08/12/2002 11:29:57 PM PDT by UCANSEE2
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To: Rheo
A smart lady asked a good question...

Why would that detective search for days for the drycleaning place if DW had already told them about it?

Did it give Ott some time at the cleaners?
.................
Interesting point! And it took all of one day to go to 4 cleaners in the same immediate area? 2/5? Det. Torgeson "found it" on 2/6 then got warrant on 2/7..And the clerk knew Ott...and he was there sometime in that time period?

Do you think the clerk that made the errors on whose cleaning was whose could have been distracted by someone while a regular customer checked on their clothes by themselves or used the restroom possibly in the back of the store?

26 posted on 08/12/2002 11:32:02 PM PDT by rolling_stone
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To: Jrabbit
http://www.capitolgrilling.com

You don't have to register; you can just lurk. On the right sidebar, click on the first title, "Message Board". The current page of topics (threads) will pop up.

Here is the URL to today's list of topics. You will find 2 DVD threads on the most recent page:


http://www.capitolgrilling.com/cgi-bin/ubbcgi/ultimatebb.cgi?ubb=forum&f=1
27 posted on 08/12/2002 11:33:23 PM PDT by slym
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To: rolling_stone
Do you think the clerk that made the errors on whose cleaning was whose could have been distracted by someone while a regular customer checked on their clothes by themselves or used the restroom possibly in the back of the store?

Very possible....Ott being at that dry cleaners, in that time frame...with reciept errors, clothes assigned to wrong people, etc...just plain strange!

And people think his wearing shorts is odd!

28 posted on 08/12/2002 11:56:38 PM PDT by Rheo
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To: Rheo
sounds pretty stupid when you write out what they want us to believe, doesn't it?

Ah-hah ! Rheo drove the get-away RV !

get a rope.

29 posted on 08/13/2002 12:05:10 AM PDT by dread78645
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To: Yeti
You'll really like this new info. Post #10. The trips to the drycleaners, and the release of these affidavits showing DW didn't lie, but Dusek and the police did.
30 posted on 08/13/2002 12:15:07 AM PDT by UCANSEE2
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To: John Jamieson
Any of this close to Dehesa and what about the water tank?..this was on Tues 2/13.

The family members and three men drove together to an area east of Interstate 15 off Sabre Springs Parkway. They hiked down around a dirt trail around an abandoned fenced-in water pump station.

"I just want to find my daughter," van Dam said.

The men fanned out from the path and trudged through 7-foot-high dried reeds along Los Penasquitos Canyon Creek and dipped walking sticks into the creeks and ponds.

Van Dam got on his stomach to try to look under a small concrete bridge. He climbed up and peered down into a large water tank, and dislodged a manhole cover to check inside. Other searchers looked in pipes and in high brush areas.

Volunteers also looked for areas where the ground was disturbed ---- signs that someone might have gone off the path.

31 posted on 08/13/2002 12:18:58 AM PDT by Rheo
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To: Karson
Regarding our earlier conversation about next door (this was written 2/13):

Meanwhile, back at the van Dam family home, investigators took a bloodhound into Danielle's room to pick up her scent. They put a shirt belonging to Danielle on a stick and led the dog to the house next door,but not across the street to where a neighbor, who has been questioned in the case, lives

32 posted on 08/13/2002 12:21:27 AM PDT by Rheo
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To: Rheo
And that wonderful statement just 11 days after her disappearance:

Explaining it to the boys is hard, especially the oldest (son)," Damon van Dam said. "We hope she comes back ... but regardless of that, we have still have two wonderful boys to bring up."

33 posted on 08/13/2002 12:22:41 AM PDT by Rheo
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To: Rheo
Any of this close to Dehesa and what about the water tank?..this was on Tues 2/13.

The family members and three men drove together to an area east of Interstate 15 off Sabre Springs Parkway. They hiked down around a dirt trail around an abandoned fenced-in water pump station.

"I just want to find my daughter," van Dam said.

The men fanned out from the path and trudged through 7-foot-high dried reeds along Los Penasquitos Canyon Creek and dipped walking sticks into the creeks and ponds.

No, Rheo, this is right near their house. Maybe about 2 miles west of their house.

34 posted on 08/13/2002 1:22:29 AM PDT by It's me
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To: It's me
bump
35 posted on 08/13/2002 4:34:48 AM PDT by Unknown Freeper
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To: Rheo
And if DW TOLD the police that he took the items to Twin Peaks Cleaners, WHY did Torgersen drive to four OTHER cleaners to try to find DW's stuff before he got to Twin Peaks?
36 posted on 08/13/2002 4:39:10 AM PDT by small_l_libertarian
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To: small_l_libertarian
Sorry - I REALLY should read to the end of the thread before responding. I see you guys have already covered this.
37 posted on 08/13/2002 4:44:25 AM PDT by small_l_libertarian
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To: slym
I used to post there under the pseudonym of "housemouse", but got totally fed up with the imbecilic level of debate there...

Too many brain-dead liberals eager to "ad hominem, slippery slope, false dilemma" just about any post an independant thinker makes, in my humble opinion! There are several posters from FR who are to be commended for their patience in posting to the board (TLBShow comes to mind.

Although I do not always share the latter's unswavering loyalty to the Republican party, I am in awe of his ability to take the spew dished out to him, and anyone else who doesn't parrot the Democrats' group-mantra of the day...
38 posted on 08/13/2002 5:18:42 AM PDT by jacquej
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To: John Jamieson
If you had just raped & killed somebody would take the bedding and your clothes to the cleaners, OR burn it?

I would probably throw them in my washing machine with some bleach, dry them, then drop them off at the Goodwill store. AND/Or burn them. I can't believe the dry cleaners these days will accept anything bloody - or that Westerfield was that stupid.

39 posted on 08/13/2002 5:32:08 AM PDT by fivecatsandadog
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To: jacquej
I just was reading Housemouse and wondering if the person was a freeper!! How funny. Great posting over there by you. I was reading one post and it said "the bloody finger prints all over the MH." No wonder you quit.
40 posted on 08/13/2002 5:41:29 AM PDT by gigi
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