Dusek: The Case Is Simple
Judge Mudd Gives Jury Instructions
POSTED: 11:34 am PDT August 5,
2002
UPDATED: 11:23 am PDT August 6,
2002
SAN DIEGO -- David Westerfield visibly squirmed Tuesday as prosecutor Jeff Dusek told a jury in closing arguments who he believes kidnapped and murdered 7-year-old Danielle van Dam.
"He dumped her body like a piece of trash," Dusek said.
Earlier, Judge William Mudd gave instructions to the jurors. That took about an hour.
The prosecution's arguments are expected to go past the lunch hour and may last much of the day. The defense closing will follow. And then the prosecution will get a chance to respond.Westerfield, 50, is charged with kidnapping, murder and a special circumstance allegation that the killing of 7-year-old Danielle van Dam occurred during a kidnapping.The former Sabre Springs resident also faces a misdemeanor charge of possession of child pornography.Danielle's mother discovered her missing from her bed the morning of Feb. 2. Police immediately focused on Westerfield, a neighbor who was put under surveillance beginning Feb. 5. He was arrested Feb. 22.The second-grader's body was found Feb. 27 by volunteer searchers near Dehesa, in San Diego's East County.The defense contends Westerfield couldn't have killed the child because insect-infestation evidence indicates her body was dumped at the site at a time when police were watching the defendant. But prosecutors say the defendant could have stuffed the victim in a container, then disposed of her partially mummified body immediately or days later.If the jury finds Westerfield guilty, it will be asked to recommend the death penalty or life in prison without the possibility of parole.Mudd and the attorneys in the case spent about an hour Monday morning finalizing the jury instructions.When Feldman proposed a special instruction on whether the victim was unintentionally killed in her bedroom, prosecutor Jeff Dusek responded that the defense attorney should "change the law if he doesn't like it."Mudd said he would not give the instruction, reminding Feldman that the child's fingerprint was found in Westerfield's motor home.Although no time limit was put on the attorneys for their closing arguments, Mudd urged them to be direct and to the point."Brevity is the spice of life," the judge said. "It's up to your individual styles."
The judge Monday again denied Feldman's request to sequester the jury during deliberations."This is a hearty group of people," Mudd said. "They don't want their lives disrupted. That's exactly what sequestration would do."Mudd said the prosecution and the defense will each be given four additional seats in the courtroom during closing arguments.Brenda and Damon van Dam, the victim's parents, will be allowed to bring in one support person, the judge ruled.Three seats will be made available to immediate family members of the defendant, leaving 10 seats each for the media and the public.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Previous Stories:
- August 2, 2002: Westerfield Trial Close To Wrapping Up
- August 2, 2002: Westerfield Defense Set To Rest Case Tuesday
- August 1, 2002: Another Entomologist Takes Stand In Westerfield Trial
- July 31, 2002: Westerfield Trial: Bug Expert Challenges Defense
- July 30, 2002: Westerfield Jury May Be Sequestered
- July 29, 2002: Westerfield Trial Could Last Into Next Week
- July 25, 2002: Expert: Danielle Had Been Dead 4-6 Weeks
- July 25, 2002: Mudd Threatens To Kick Cameras From Courtroom
- July 25, 2002: Forensic Expert Counters Defense Bug Evidence
- July 24, 2002: Westerfield's Son Takes Stand
- July 24, 2002: Judge Mudd Gives Media Tongue-Lashing
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Damon Van Dam Kicked Out Of Courtroom
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
- June 12, 2002: Westerfield Interview Heard; Neighbor Says Blinds Shut
- June 12, 2002: Westerfield Trial: KGTV Reporter Takes Stand
- June 11, 2002: Van Dam Friends Take Stand; Westerfield 'Creepy'
- June 7, 2002: Westerfield Trial Focuses On Van Dam Lifestyle
- June 6, 2002: Day 3: Brenda Van Dam, Dad's Bar
- June 6, 2002: Brenda Van Dam Testifies In Westerfield Trial
- June 6, 2002: Day 2: Damon Van Dam, Autopsy Photos
- June 5, 2002: Damon Van Dam Takes Witness Stand
- June 5, 2002: Cases Outlined In Westerfield Trial
- June 4, 2002: Westerfield Trial Starts; Witnesses Take Stand
- June 3, 2002: Westerfield Trial Set To Get Under Way
- May 31, 2002: Westerfield Trial Jury Selection Complete
- May 31, 2002: Westerfield Trial Scheduled To Start Tuesday
- May 30, 2002: Jury Selection In Westerfield Trial Enters Third Day
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
- May 8, 2002: Reporters Called In Westerfield Trial
- May 8, 2002: DA: Danielle Was Suffocated By Westerfield
- May 7, 2002: Pretrial Motions Start In Westerfield Case
- May 2, 2002: Westerfield Pretrial Motions To Remain Sealed
- May 1, 2002: Court: Westerfield Affidavits To Remain Sealed
- April 25, 2002: DA To Seek Death Penalty Against Westerfield
- April 19, 2002: Westerfield Given Limited Access To Police Records
- April 18, 2002: Press Kept Out Of Van Dam Murder Case
- April 18, 2002: Judge Reviews Cops' Files In Van Dam Murder Case
- April 17, 2002: Westerfield Fights To Keep Search Warrants Sealed
- April 15, 2002: DA: Deny Westerfield Access To Police Records
- April 12, 2002: Lie-Detector Specialist: Westerfield 'Deceptive'
- April 11, 2002: Documents: Dogs Alerted Police To Westerfield
- April 11, 2002: No Live Press For Westerfield Pretrial Hearings
- April 4, 2002: Westerfield Lawyer: Client Abused By Police
- March 28, 2002: Trial Date Set For Van Dam Murder Case
- March 28, 2002: Westerfield To Make Court Appearance
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- March 13, 2002: Westerfield Hearing Takes A Break
- March 12, 2002: Testimony: Police Find Porn On Westerfield's Computer
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 8, 2002: Gag Order Issued In Van Dam Murder Case
- March 7, 2002: Police Acted Inappropriately Toward Westerfield
- March 4, 2002: Westerfield Affidavits To Remain Sealed
- February 27, 2002: Search Warrants Show Police Sought Child Porn
- February 27, 2002: Danielle's Parents Respond To Neighbor's Arraignment
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