Westerfield Jury Goes Home After Half-Day
Jurors Requested To Work Fridays
POSTED: 7:40 am PDT August 9,
2002
UPDATED: 6:06 pm PDT August 9,
2002
SAN DIEGO -- Jurors in the David Westerfield trial stopped deliberating after a half-day's work Friday, 10News reported.
The jury will resume deliberating on Monday. The group of six men and six women Thursday decided to deliberate on Fridays, even though it had every Friday off during the trial.
Westerfield, 50, could face the death penalty if convicted of murder, kidnapping and a special circumstance allegation that the killing occurred during the commission of kidnapping. The self-employed design engineer is also charged with misdemeanor possession of child pornography, which prosecutors say provided a motive for the crimes. Danielle's mother reported the second-grader missing from her bed the morning of Feb. 2. The jury deliberated for about four hours Thursday after it got the case following the conclusion of prosecutor Jeff Dusek's rebuttal closing argument. Dusek told the jury that Danielle was essentially speaking to them from the grave via blood and other evidence pointing to Westerfield as her kidnapper and killer. The prosecutor told the hushed courtroom that in a murder case, the best witness -- the victim -- could not be there. "We don't have our best witness here to testify," he said. "But if, by chance, someone could cause a miracle, create a miracle, just a little one for a short amount of time, bring her into this courtroom and ask her, `Danielle, please tell us, who did this to you?' She'd turn, 'I've already told you.' "'I've told you with my hair and where you found it. I told you with the orange fiber that you found on my choker and where you found it. I told you with the blue fibers that were on my naked body and where you found them. I told you with my fingerprints, and I told you with my blood. Please listen."'
With those words, he ended his emotional argument, during which a blown-up photo of Danielle was on view on both an overhead projector and on a desk. Earlier, Dusek (pictured, right) took on a defense contention that there was no smoking gun. "This jacket -- this is the smoking gun," Dusek told jurors, referring to a photograph of the jacket displayed on a screen. "Danielle's blood was on that jacket. Give me another explanation for how it got there -- please. You got none. There's no dispute -- no defense evidence it was not Danielle's blood. This is a smoking gun. This is hard evidence." Dusek displayed graphics listing all the evidence the prosecution has entered in more than two months of testimony. "Look at all of that and ask yourself if there's two reasonable interpretations," Dusek said."Fingerprints, hair, blue fibers, dog hair -- and the blood -- all found in the back of the motor home" that Westerfield drove around the weekend following Danielle's disappearance, Dusek said. "There's no reasonable explanation but guilt. None." In the beginning of his rebuttal argument the day before, Dusek accused Feldman of "falsehoods, misrepresentation and distortions" in his five hours of closing arguments.
Feldman (pictured, left) told jurors it was "impossible" for his client to have dumped Danielle's body beside an East County road, where it was discovered Feb. 27. The defense claim throughout the trial was that Westerfield was under tight surveillance by police and the media beginning Feb. 5, three days after the Sabre Springs girl was discovered missing. Westerfield was arrested Feb. 22. Feldman told the jury that every expert who testified said the girl's body could not have been placed beside the road until well after Feb. 5. Prosecutors contend the defense did not accurately represent the information provided by experts who study insect infestation of corpses. 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 child.
![]() 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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With those words, he ended his emotional argument, during which a blown-up photo of Danielle was on view on both an overhead projector and on a desk. Earlier, Dusek (pictured, right) took on a defense contention that there was no smoking gun. "This jacket -- this is the smoking gun," Dusek told jurors, referring to a photograph of the jacket displayed on a screen. "Danielle's blood was on that jacket. Give me another explanation for how it got there -- please. You got none. There's no dispute -- no defense evidence it was not Danielle's blood. This is a smoking gun. This is hard evidence." Dusek displayed graphics listing all the evidence the prosecution has entered in more than two months of testimony. "Look at all of that and ask yourself if there's two reasonable interpretations," Dusek said."Fingerprints, hair, blue fibers, dog hair -- and the blood -- all found in the back of the motor home" that Westerfield drove around the weekend following Danielle's disappearance, Dusek said. "There's no reasonable explanation but guilt. None." In the beginning of his rebuttal argument the day before, Dusek accused Feldman of "falsehoods, misrepresentation and distortions" in his five hours of closing arguments.
Feldman (pictured, left) told jurors it was "impossible" for his client to have dumped Danielle's body beside an East County road, where it was discovered Feb. 27. The defense claim throughout the trial was that Westerfield was under tight surveillance by police and the media beginning Feb. 5, three days after the Sabre Springs girl was discovered missing. Westerfield was arrested Feb. 22. Feldman told the jury that every expert who testified said the girl's body could not have been placed beside the road until well after Feb. 5. Prosecutors contend the defense did not accurately represent the information provided by experts who study insect infestation of corpses. 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 child. Previous Stories:
- August 8, 2002: Westerfield Trial Close To Finishing
- August 7, 2002: Feldman Decries 'Sinister Spin'
- August 7, 2002: Dusek: Westerfield 'Guilty Of Ultimate Evil'
- August 6, 2002: Dusek: Westerfield 'Guilty To The Core'
- August 6, 2002: Dusek: The Case Is Simple
- 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
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