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

KGTV ^ | August 13, 2002 | KGTV

[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.

	WESTERFIELD TRIAL Share Your Thoughts About The Case Get The Verdict: Sign Up For Breaking News E-mails Westerfield Trial Jury Questionnaire VERDICT COVERAGE Verdict coverage of the David Westerfield trial will air live on Channel 10 NewsChannel 15 and will be live streamed on TheSanDiego Channel.com DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

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.

	Jury Has To Consider Question Carefully

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
Results | Disclaimer

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.

[bvw]

Seems like the personalities of "something MOI" and "shocked" dominate through derision over there. They are "guilty until proven innocent by consent of the mob in front of the guillotine " folks. There are a number of rational sentient beings there who are arguing for reality over prejudice and who understand what presumption of innocence and prove of guilt beyond a reasonable doubt means.

[bvw]

prove -> "proof"

[The Other Harry]

Good morning.

I hope all y'all noticed up there in the news article that we poor, dim-witted DW sympathizers are now called "Broccoli Heads".

[FresnoDA]

Westerfield jury deliberates full day, recesses

Judge unseals more search-warrant data

 

By Alex Roth
UNION-TRIBUNE STAFF WRITER

August 13, 2002

Jurors in the David Westerfield case completed a full day of deliberations without reaching a verdict yesterday and are scheduled to resume at 9 a.m. today.

The panel has deliberated approximately 11 hours over three days in the downtown San Diego courthouse. They haven't sent any notes to Superior Court Judge William Mudd since Thursday, when they asked and gained permission to deliberate five days a week rather than four.

Westerfield, 50, is accused of kidnapping and murdering 7-year-old Danielle van Dam, who lived two houses away in Sabre Springs. Lawyers delivered closing arguments in the two-month trial last week.

If the jury returns a guilty verdict, there would be a second phase of the trial in which the same panel would hear evidence and decide whether to recommend the death penalty or life in state prison without the possibility of parole.

Also yesterday, Judge Mudd unsealed several more search-warrant documents in the case, including a list of items seized by police from Westerfield's house and Toyota 4Runner in February. Virtually all the information contained in the documents has already become public.

Last week the San Diego-based 4th District Court of Appeal ordered the judge to release the additional documents, saying the judge had interpreted a May ruling by the appeals court too narrowly.

[MizSterious]

How many of us are tired of hearing that the scent dogs didn't hit on the inside of the motorhome because scent dissipates quickly? I did some research a little while ago and found this interesting article from the Institute of K9 Forensics. (Interesting site, too.) What's your best guess for how long a scent will remain? The answer is below, and it might surprise you.

---

RESIDUAL SCENT IN BUILDING

by Adela Morris and Rita Martinez

Abstract

One of the questions we are commonly asked as forensic canine handlers is "How long will scent last in any given situation?" This is a very complicated question, but we want to begin to unravel the secrets. We know some of the elements that will affect residual scent are heat/sun, wind, humidity and rain.

Our first project was conducted in a closed, unused building. Items were placed in different rooms for 5 hours and then removed.

What is Residual Scent?

Residual is defined by Webster's dictionary as - leaving a residue remaining effective for some time.

Within this paper we are using the term in conjunction with decomposing human scent. Residual scent searches are those conducted when no physical form is present. Residual scent is what is left when the decomposing item has been removed. It is something we cannot see and humans cannot necessarily smell.

Introduction

This project began by accident, so was not preplanned as a residual scent research paper. We make no claims to having ruled out all variables, but are using this project to learn what the variables are and how to more effectively set up our next residual scent project.

Our goal in this paper is to look at residual scent in a closed, unused building and see if we can find out how long a trained cadaver / forensic evidence dog can locate the original scent location. All the dogs used in this project ranged from those with some basic training in the finding of cadaver scent to specialized trained dogs in forensic evidence / body recovery. We see this as just the beginning of ongoing residual scent undertakings.

On November 9, 1996 several items were placed in different areas of a building. The building used was built in the 1930's and was used as classrooms up until 1995. It is part of a large developmental hospital that was built before 1900. Most of the furniture is now gone. There is still human clothing around, chairs, desks, shelves with things on them, wardrobes, curtains, and boxes of books and general effects. The facility has been closed down and most of the buildings are scheduled to be demolished.

Room #11 was used as an activity or day room. It is a large open room. The scent sources were blood (3cc) left to dry on the floor and door in the room.

Room #16 is a closet/storage room off room #11. The scent source was blood (approx. 1cc) on paper on the floor.

Room #5 is a large storage room with closets and shelves. The scent source was a soil sample with dried fluids from a gunshot to the head suicide enclosed in a 50ml vented container. The upper window has been open the whole time in this room.

Room #18 is a large living room. Scent sources were; hair mixed with cadaver scent in the fireplace flue, and a very small amount of blood inside a trash can.

Room #9 is a tiled utility area across the hall from a kitchen area. Scent source was hair and blood in a 50ml container placed in the foot of standing ironing board, so the sample was 5 feet off the ground.

Since the original set up date on November 9, 1996, we have returned to the building 4 times: January 8, 1997, April 2, 1997, July 23, 1997 and December 7, 1997. On our visit in April we found that they had removed most of the original furniture and some boxes of trash, so the building had little left in it. Two of the objects (the ironing board and a box of trash), that had held scent sources were now missing.

Results

Each dog participating in this project was able to find most or all of the locations where the decomposing scent articles had been. We saw dogs, which varied, from full alert and pinpointing to general interest in the room or area.

What we have found so far is; residual scent will last 1 year in a building with minimum environmental influence, or human disturbance. Even after the objects where the scent source had been were removed, the dogs were able to locate the rooms, general area, or pinpoint where it had been.

Each time we have worked the problem we have included teams that had not worked the area before. We now have had 16 teams work the residual scent problem. The dogs have ranged from veteran cadaver trained certified teams to 1 year old puppies (who have been training from 8 weeks of age on cadaver and residual scent).

The rest can be read

here

[Jaded]

Probably not. Wouldn't want the facts to get out.

[pinz-n-needlez]

Thanks, Fres.

This nice morning man, Fred is replaying vd testimony on ctv.

Damon's putting Layla in Derrick's room is after 2:30, allowing DW to leave the house unaccosted. Yeah, right.

It's interesting that damon says a lot, but then muddies every statement by saying, "well, I think so anyway," or, "I don't recall exactly."

Using the instruction that each important piece has to be checked for reasonable doubt, there is little in his testimony that could be used agains dw, imo.

[Jaded]

One of the things that strikes me about these documents is that the more that comes out the more we find out just how much SAN DIEGO POLICE DEPARTMENT LIED. They were the ones that originally had the affidavits sealed not Feldman. I think that what Feldman was trying to get kicked was the interviews after David requested and attorney, water, a phone call. I still contend, had there been actual evidence, there never would have been a reason for the leaks or the lies.

[Jaded]

Apparently so. Dusek would.

[ItsOurTimeNow]

"We hope she comes back ... but regardless of that, we have still have two wonderful boys to bring up."

The second part of that sentence is chilling enough, but the first part "we hope she comes back" also makes me shiver. "Hope she comes back"...like she's run away before? This is something normal for her? She took off on her own?

If I were in DVD's shoes, I wouldn't be saying "I hope she comes back"...seems to me I'd say something like, "I hope she's found", or, "I hope whomever took her BRINGS her back."

[Lucky]

So why is it the dogs didn't hit on the stain on the floor of the MH; because DNA was planted afterwards? My guess for when the jury is done is: Tuesday, 8-20-02, 11 a.m.

[Rheo]

Good article Miz, thanks for posting that.

[Diamond]

Can someone fill me in on the blood-stained jacket? Is is really the victims's blood? Was that allegation really substantiated, and how did the defense address the issue?

Cordially,

[pinz-n-needlez]

I went back and looked at the article about Denise losing her job. That only says she's in her new apartment in Florida.

It was a San Diego Union Tribune article. So far, nothing. She's not in the phone books in florida?

[Marysecretary]

I feel that way, too. I'm uneasy about all of this "evidence." He may well have done it, but I hope they aren't just "closing the case," and not being open to other possibilities.

[MizSterious]

My take on this is that Danielle was in the motorhome up to a year prior to her abduction, leaving behind a few hairs and one blood spot. Blood spots cannot be dated, but now we know those dogs would have found her scent in there had she been in the motorhome that weekend. It should have been quite strong. Vacuuming would not have removed the scent--the article clearly states that the dogs still found scent even after objects had been moved. Nope, she was not in there that weekend, period.

[ItsOurTimeNow]

Now, the only problem is, is the jury astute enough to realize that?

Or, is DW cursed with an emotional jury that is going to play their feelings over the hard evidence?

Remember, nearly every member of that jury has small children.

[Marysecretary]

Yeah, I can just imagine what these two, now wonderful boys will turn out with their wonderful parenting skills. They need a lot of prayer.

[Lucky]

Yep, I agree.

[MizSterious]

Update on the informal verdict pool: What's your best guess for when the verdict will come in? (actual verdict prediction optional and not recorded)

There is no "prize," but the winner(s) get to be called "winners" and have the right to say "I told you so;" we're still negotiating about "neener neener neeners."

THE LIST SO FAR

MONDAY AUGUST 12TH

Small-l-libertarian
Countess - By 4 pm
FresnoDA - Afternoon

TUESDAY AUGUST 13TH

It's Me
Pyx - Mid-afternoon

WEDNESDAY AUGUST 14TH

Mommya - 2 hours after jurors come in
Mr.Stiv - Before lunch break
MizSterious
Dave in Upland - Between noon & break
Basscleff - Afternoon
I.Ben Hurt - Afternoon

THURSDAY AUGUST 15TH

Shezza - Before lunch
Mrs. Liberty - Noonish
Domestice - Afternoon
JRabbit - Afternoon
Lauratealeaf - 2 pm
Rheo - 3 pm

FRIDAY AUGUST 16TH

Pinz-N-Needlez - Morning, first thing
The Other Harry - 10 a.m.
Krodg - Morning
Calawah - Before noon
Demsux - Noonish
Cappsmadness - Post noon
Nycgal - 3 pm
Jaded - Afternoon

MONDAY AUGUST 19TH

(None as yet)

TUESDAY AUGUST 20TH

Lucky - 11 am
Gigi - Morning
A Garrett

WEDNESDAY AUGUST 21ST

John Jamieson
Ucansee2

THURSDAY AUGUST 22ND

Fnord

FRIDAY AUGUST 23RD

(None)

MONDAY AUGUST 26TH

(None)

TUESDAY AUGUST 27TH

(None)

WEDNESDAY AUGUST 28TH

L,Towm

(Note: All times PDT; if this thread gets real long, you might want to send your choices via freepmail or post them on the Refugee site--often I quit reading them when they're very, very long.)