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Feldman Decries 'Sinister Spin'

Feldman Criticizes Swinging Lifestyle Of Van Dams

POSTED: 8:55 am PDT August 7, 2002
UPDATED: 2:44 pm PDT August 7, 2002

Closing arguments in David Westerfield's trial resumed Wednesday with a defense attorney telling jurors that the prosecution's version of Danielle van Dam's kidnapping and murder was not logical.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
"It's not reasonable," attorney Steven Feldman said about the prosecution theory that Westerfield entered the house through a garage side door and hid in Danielle's room before carrying her away. "It's a great guess."

The theory required the defendant to enter the house without leaving fingerprints and negotiate an unfamiliar house in "pitch black" darkness, Feldman said.

He reminded jurors that the door from the garage to the house had been rigged to lock from the opposite side.

Then, Westerfield would have to find the stairs, find Danielle's room and stay there while her mother, Brenda, returned from a girl's night out with four friends.

"The only thing that's logical is for whoever was in the room was someone (Danielle) knew," Feldman told the jurors. "You send someone strange into the room to touch your child and they're going to scream bloody murder. Mommy! Daddy! Help me!"

Westerfield would then have to carry the girl out of the house and down the street to his own house, Feldman said.

"Their theory requires you to believe beyond a reasonable doubt that's what happened," Feldman said.

Westerfield, 50, could face the death penalty if he's convicted of murder. He's also charged with kidnapping and misdemeanor possession of child pornography.

Feldman reminded jurors that two fingerprints on the banister of the stairs did not match the defendant or anyone else believed to be in the house that night. That picked up on his point made Tuesday in which he suggested someone else had access to the van Dam home the night of Feb. 1.

Video
Feldman (pictured, right) also brought up what could be a critical part of the law. Instructions read to the jurors Tuesday stated that the murder had to take place during a kidnapping for the defendant to be found guilty. But the law also defined kidnapping as the victim being moved a significant distance while still alive.

"If she was killed before they left that room, he's not guilty," Feldman told jurors. "If she's dead in bed, there's an acquittal."

However, the prosecution said Tuesday Danielle was still alive when she was in the bed of Westerfield's motor home -- and may have been killed there.

Feldman was far more subdued Wednesday than he was in the hour-plus beginning of his closing argument the day before, in which he indignantly yelled at jurors for displaying emotion during the prosecution argument.

He even apologized for his behavior and asked for jurors not to hold his actions against his client.

Closing arguments began after two months of testimony in a case in which Westerfield exercised his right to be brought to trial within 60 days of his arraignment.

Brenda van Dam Brenda van Dam (pictured, left) discovered her daughter missing from her bed the morning of Feb. 2. Police immediately focused on Westerfield, and the design engineer was arrested Feb. 22, just five days before volunteer searchers found the second-grader's body.

Deputy District Attorney Jeff Dusek told the jury in his 3 1/2-hour closing argument that there is no doubt Westerfield killed Danielle van Dam.

"He's guilty of this ultimate evil," Dusek told the jury. "He's guilty to the core."

Dusek called it a "horrible" and "evil crime," not just for what happened to the Sabre Springs girl, but for the actions that he said Westerfield took to cover up the crime.

Dusek pointed to a television interview Westerfield gave in his driveway, two days after the girl was discovered missing. While her parents were just down the street wondering what happened to their daughter, the defendant was "yuck-yucking" around with the media and wondering whether he should be wearing his hat.

Dusek (pictured, right) also slammed the defense team for trying to blame the defendant's son for child pornography that police say was found on computer equipment in Westerfield's office. The pornography allegedly included cartoons depicting old men forcing themselves on screaming your girls.

"If you can tell me why a normal 50-year-old man would collect that kind of stuff, I will tell you why a 50-year-old man will ... kidnap and kill a 7-year-old girl," Dusek said.

During the night of Feb. 1-2, "somebody kidnapped Danielle van Dam out of her own house -- out of her own bedroom," Dusek said.

About 55 hours later, according to Dusek, the defendant showed up at a dry cleaning business in Poway, dressed only in underwear on a cold morning.

"That in and of itself tells you he's guilty beyond a reasonable doubt -- that alone," Dusek told jurors.

Westerfield gave the clerk at the dry cleaners two comforters, two pillow shams and a jacket that morning, Dusek said. Danielle's blood, he said, was found by police evidence technicians on the jacket while hair from her dog was discovered on a comforter.

Later, more blood and hair were found in Westerfield's motor home, Dusek said.

Before the jury gets the case, Dusek will deliver rebuttal arguments once Feldman concludes his closing argument.


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