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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: MizSterious
I'll put a nickel on next Monday, August 19th - 3pm Pacific time.
61 posted on 08/13/2002 7:30:27 AM PDT by ItsOurTimeNow
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To: ItsOurTimeNow
That is information I wish Feldman had looked up and brought out. If I could find it, surely someone with a research and investigation team could.
62 posted on 08/13/2002 7:32:14 AM PDT by MizSterious
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To: UCANSEE2
Thanks for the ping to your #23 ----I see the closing arguments didn't change a few folks opinions--or it at least didn't pull all the pieces together for them.

If the jury actually did assume innocent until proven guilty, and if they conclude that feldman didn't present enough info to create doubt..and they decide DW's guilty, will you think they came to the right conclusion? Or will you believe that they messed up?

Will try to catch up throughout the next couple of days. Gots lotsa stuff to do...

63 posted on 08/13/2002 7:33:43 AM PDT by Freedom2specul8
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To: MizSterious
That's a great article.

I would never have guessed a year, but I know even my untrained little black spaniel mix can follow a day-old rabbit trial.

It's remarkable how much misinformation gets into the everyday media.

64 posted on 08/13/2002 7:34:38 AM PDT by The Other Harry
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To: Diamond
http://www.freerepublic.com/focus/news/703322/posts?q=1&&page=51

""My role was to examine the items for the presence of blood," Soriano told Deputy District Attorney George Clarke. "I noted stains on the jacket."

Three stains tested positive for the presumptive presence of blood, the criminalist testified. They were on the front right middle, the front right shoulder and the neck portion of the jacket, he said. "



You can go to his testimony/transcripts to confirm..The victim's blood and the defendant's blood was found on the jacket.


65 posted on 08/13/2002 7:37:43 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
I take it you were impressed with Dusek's closing?

Hmmm. It's interesting that now that affidavits are being unsealed, we're finding out that LE lied their butts off to create a case out of whole cloth. I'm shocked, shocked I tell you.

If you get a chance do read the information in post #45 and go to the link too.
66 posted on 08/13/2002 7:38:31 AM PDT by Jaded
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To: ~Kim4VRWC's~
It's on the UT site, you know where.
67 posted on 08/13/2002 7:39:28 AM PDT by Jaded
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To: UCANSEE2; cyncooper
Can either of you direct me to the article or comments made about the dogs not detecting a scent where the body was actually located? Do you remember what that was about?
68 posted on 08/13/2002 7:40:16 AM PDT by Freedom2specul8
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To: ItsOurTimeNow
Remember, nearly every member of that jury has small children.

That struck me also. I don't think that's going to be helpful to DW. A few single or divorced males around his age wouldn't have been unreasonable, but the prosecution seemed able to prevent that from happening -- along with a lot of other things.

69 posted on 08/13/2002 7:43:16 AM PDT by The Other Harry
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To: Diamond
There was approximately 1 3/16" on the right shoulder of the jacket that was Danielle's.

The criminalist did not take pictures of the stain prior to cutting out and testing it.

There is no way for the criminialists to determine how long that may have been there.

The MH floor had 19 stains...1 tested as positive for blood....it was approximately 1/4"...no picture was taken prior to testing and cutting out.

The dogs did not hit on the MH and there is no way for them to determine how long it was there....MH had been in neighborhood since 11/00...unlocked.

70 posted on 08/13/2002 7:44:49 AM PDT by Rheo
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To: ~Kim4VRWC's~
If it's not in sworn testimony, I'd be inclined to disregard such an article. The press has put out an enormous amount of false information, some of it fed to them by the police, some of it because of their inability to do their jobs properly. I think I would trust the forensic experts quoted in the article I posted over something from the media, the SD LE, or some goof who wants his 15 minutes of fame.
71 posted on 08/13/2002 7:46:12 AM PDT by MizSterious
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To: Jaded
Was unable to watch dusek's entire closing, was out of town for feldman's, and missed dusek's latter 1/2. Will read though transcripts over the next few days. Got lots to read...

I've posted info about dogs and the types of trained dogs available a while back...so I already have an idea about what dogs can and can't do.



". It's interesting that now that affidavits are being unsealed, we're finding out that LE lied their butts off to create a case out of whole cloth. I'm shocked, shocked I tell you. --jaded"

Would you save me the search and point me to the article or documents that confirm your allegation?





72 posted on 08/13/2002 7:46:48 AM PDT by Freedom2specul8
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To: MizSterious
I agree. Someone mentioned it last week..so I wanted to read where or what the source was, and what dogs were used etc., before giving it any credibility.
73 posted on 08/13/2002 7:48:04 AM PDT by Freedom2specul8
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To: MizSterious
Update on the informal verdict pool:

Very nicely done!

Now, while we're waiting, I think we should get into quibbling about the rules of this little contest.

For example, what exactly is meant by the jury "coming in"? How is that time determined?

Also, what exactly does the winner win? (My suggestion here would be that the winner gets to send a $100 contribution to Free Republic.)

I'm *sure* there's more we can come up to quibble over.

74 posted on 08/13/2002 7:50:06 AM PDT by The Other Harry
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To: ~Kim4VRWC's~
Geez, Kim, ever thought of reading the thread? It's one of the lead articles on the thread.
75 posted on 08/13/2002 7:50:42 AM PDT by MizSterious
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To: 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.

Here's another variable-can whatever object(I want to say it was a T-shirt)that the dog handlers used to key the dogs be tied to Danielle VanDam and ONLY Danielle VanDam? What I'm thinking is that the two VanDam boys could also have been in that motor home at some point. If whatever scent marker used was contaminated by other members of the VanDam family,and if it's true that residual scent can last up to a year,then the City of San Diego might just have spent an unholy amount of money to be able to say that,"We're pretty sure that someone from the VanDam household has been in the motorhome within the past year."

76 posted on 08/13/2002 7:54:23 AM PDT by sawsalimb
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To: The Other Harry
The only prize is braggin' rights. I would say "verdict is in" when the judge is notified that they've reached a verdict, not when they actually file into the courtroom. And some of us have very vague timeframes anyway--I said "Wednesday" for instance, no time at all. Anyone who is that close gets the "I told you so" rights, and deserves them. Maybe we should only let people who have it pegged more closely get to use the "neener neener neeners"? It's all for fun. If anyone wants to send a contribution to Free Republic, they are quite welcome, whether they win or not.

77 posted on 08/13/2002 7:55:11 AM PDT by MizSterious
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To: MizSterious
Since I just got back online and since I just finished reading freepmails and am looking through past pings, NO, I haven't had time to read the current thread, but thank you for your eloquent way of directing me to the "source". Sheesh.
78 posted on 08/13/2002 7:55:32 AM PDT by Freedom2specul8
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To: MizSterious
If my prize is giving $100 to FR, I want out.
79 posted on 08/13/2002 8:00:22 AM PDT by Krodg
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To: ~Kim4VRWC's~
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.

The warrants and affidavits had been sealed since shortly after the 7-year-old'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.

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.

Remaining question:

Why did Detective Torgersen testify he spent days searching for the possible dry cleaners when he had been told by DW already?

Seems the sininster dry cleaning trip had been disclosed to LEO by DW, not kept secret.

80 posted on 08/13/2002 8:00:44 AM PDT by Rheo
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