Westerfield Jury Resumes Deliberations

SAN DIEGO -- The jury in the David Westerfield trial returns to the San Diego County Courthouse Monday for a third day of deliberations.

WESTERFIELD TRIAL Judge William Mudd Issues Death Penalty Sentence Hear Jury's Death Penalty Recommendation Watch The Jury's Verdict Being Read Share Your Thoughts DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

Westerfield, 50, could face the death penalty if convicted of kidnapping and killing his neighbor, 7-year-old Danielle van Dam.

The self-employed design engineer and divorced father of two also is charged with misdemeanor possession of child pornography, which prosecutors say provided a motive for the crimes.

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After 23 days of trial, 98 witnesses and 199 court exhibits, jurors were handed the case Thursday morning after prosecutor Jeff Dusek wrapped up his rebuttal closing argument.

Trial observers said the deliberations could come down to DNA versus bugs -- DNA evidence that the victim was in the suspect's motorhome versus testimony from defense forensic experts who said bugs on the victim's body indicated it had been dumped while the suspect was under police surveillance.

The alleged swinging life style of the victim's parents, Brenda and Damon van Dam, could also factor in the jury's verdict.

Jurors deliberated for less than three hours on Friday before going home for the weekend. Superior Court Judge William Mudd -- citing security concerns -- refused to reveal the jury's exact hours of deliberations.

During closing arguments, Dusek told the panel that Danielle was essentially speaking to them from the grave via blood and other evidence pointing to Westerfield as her kidnapper and killer.

Dusek also 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 the trial, which started June 4.

"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 motorhome" that Westerfield drove around the weekend following Danielle's disappearance, Dusek said. "There's no reasonable explanation but guilt. None."

Earlier in his argument, Dusek said Danielle was dumped "naked in the dirt like trash for animals to devour."

Defense attorney Steven Feldman told jurors forensic evidence involving bugs on the victim's body proved 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 claimed throughout the trial that Westerfield was under tight surveillance by police and the media beginning Feb. 5, three days after the Sabre Springs girl was discovered missing from her bed.

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 said the prosecution had presented no evidence that Westerfield had ever been in Danielle's home. He noted that her parents testified to holding sex parties in the home, and said one of their house guests might have committed the crime.

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 58-pound child.

The jury is composed of six men and six women, with six alternates.