Experts Question Speed Of Westerfield Trial

SAN DIEGO -- The speed with which the David Westerfield trial is proceeding is highly unusual, and the source of a good deal of speculation, 10News reported.

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Westerfield has right to be tried within 60 days of arraignment, but most of the time that right is waived to give defense attorneys more time to prepare, legal experts said.

Conventional wisdom says to utilize whatever delays are available -- allowing memories to fade and public outrage to die down -- but Westerfield's trial is moving full speed ahead, at least to this point.

With the pre-trial motions complete, jury selection began Friday. Over 600 potential jurors were initially called, to find the dozen that will hear evidence against the 50-year-old Sabre Springs engineer accused of the kidnapping and murdering of his neighbor, 7-year-old Danielle van Dam.

Danielle was last seen Feb. 1, and Westerfield was arrested three weeks later. Danielle's body was found a few days after that.

The fact that the trial has already begun is surprising many other attorneys and law professors, 10News reported.

"We saw the prosecution's case at preliminary hearing. It seems witnesses, evidence, momentum favor prosecution. I don't know why defense attorneys want it this quick," said David Steinberg, of the Thomas Jefferson School of Law.

One theory, Steinberg said, is that the defense wants to take advantage of the public backlash against the kidnapped girl's parents.

"Certainly, it could be part of the reason, to point the finger at the parents," he said.

Attorney Milt Silverman sat in with 10News during the preliminary hearing and said that one reason the defense is moving quickly is because more evidence may be out there somewhere.

"One possible hypothetical reason, he is concerned additional evidence may be uncovered as time passes," Silverman said.

The jury selection process is expected to resume May 28 in Judge William Mudd's courtroom.

Groups of 20 prospective jurors would then be questioned by the judge, prosecutors Jeff Dusek and George "Woody" Clarke and defense attorneys Steven Feldman and Robert Boyce.