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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

Jurors in the David Westerfield trial stopped deliberating after a half-day's work Friday, 10News reported.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002

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.

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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.

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"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.


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