Final Arguments Made In Westerfield Trial

SAN DIEGO -- The jury in the penalty phase of the David Westerfield murder trial in San Diego has begun deliberating.

After a jury heard testimony from Westerfield's tearful children today, a prosecutor asked the panel to recommend that the self-employed engineer be put to death for the crime.

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

"This man has gone so far beyond the line of decent society that he has to pay the ultimate punishment -- the ultimate price," Deputy District Attorney Jeff Dusek said in his closing argument in the penalty phase of the trial.

The jury that earlier found Westerfield, 50, guilty of kidnapping and killing 7-year-old Danielle van Dam has only one other recommendation option: life in prison without the possibility of parole.

But it will be up to Superior Court Judge William Mudd to impose the sentence.

"Society has a right to protect its people. It has an even greater right to protect the weak -- and the young," Dusek said.

He challenged a defense contention that Westerfield was not the "worst of the worst."

"In the final analysis, he is. It's unimaginable what he did to that child and for how long he did it," the prosecutor said.

Dusek told the jury to picture Danielle's fear and terror and understand that she was completely alone -- with no mother or father to help her.

Dusek also sought to blunt the impact of defense testimony of how Westerfield's medical device inventions have improved mankind's lot.

"Before we put him in the category of Jonas Salk, understand what his responsibility was. He had a job. He was given an assignment. The assignment was to work on his project and he did it. Apparently, he did his part well. He did not seek out humanitarian projects. They came his way."

Dusek told jurors to take their time in considering the evidence, and to hold their heads high once a decision is made.

"Do not let anybody make you feel guilty for what you are about to do," Dusek said. "Do not let anybody put you in the same category as David Westerfield. He was the one who brought us all together -- his conduct, his murder of a 7-year-old child."

Defense attorney Steven Feldman made his closing argument later in the afternoon.

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The defendant's son tearfully told the jurors that he still loves his father and visits him regularly in jail.

Both Neal Westerfield, 19, and his sister, Lisa, 21, testified in hopes of persuading the jury to recommend life without parole.

The son said he had fond memories of playing chess by the pool with his father and doing design and computer work for him.

"Do you still love your father?" Feldman asked the San Diego State University student.

"Yes," Neal answered.

"Do you visit him in jail?"

"Yes."

"Regularly?"

"Yes," Neal said, trying to fight back tears.

Dusek asked Neal if he talked to his father about defense attempts during the trial to suggest that the son was to blame for child pornography found on his father's computers.

Mudd overruled a defense objection to the question, but upheld a later objection -- so the question was never answered.

After his parents' divorce, Neal said he lived with both parents, switching every two weeks. Lisa testified that she had the same arrangement for a time, then lived with her mother full time beginning about five years ago.

Feldman asked the young woman what her father taught her was important in life.

"Schooling ... and being responsible at your job."

"Respect for yourself?" the attorney asked.

"Yes."

"Respect for others?"

"Yes."

Friends, family and former co-workers have tried to portray Westerfield as a caring family man who went out of his way to help others.

His high school sweetheart testified Tuesday that the defendant, whom she had not seen in decades, "was an important person" in her life.

Wyoming resident Margaret Hennon (pictured, right) testified that she and Westerfield spent a lot of time together in the early 1970s and that he asked her to marry him.

"He was an important person in my life," Hennon said. "He was my first serious sweetheart."

As she took the witness stand, Hennon displayed a pair of earrings she was wearing that the defendant gave her when she was 17. She also read a note she had written to Westerfield shortly after his arrest Feb. 22:

"Dear David. You once told me that if I ever needed anything I should call you. I've carried that gift of love -- and it carried me to various points of the globe. It's a wonderful thing to feel loved. Now, if there's anything I can do for you, please let me know."

Under cross-examination, Hennon conceded that she has had no other communication with Westerfield since 1974.

"You really don't know much about him since that time?" Deputy District Attorney Jeff Dusek asked.

"That's right," Hennon said.

"The person you remember was back in high school?"

"Yes."

Several other witnesses also said it had been years since they had talked to Westerfield.

Two of the defendant's aunts also testified -- describing how they picked blueberries with Westerfield during summers on his parents' farm in Maine.

"We always had a large group of cousins," said Andrea Wittwer (pictured, left), who is actually a couple of months younger than the defendant. She counted 10 cousins who would spend time together each summer.

"We were very close," she said.

Former neighbors of Westerfield's in Poway, Alden and Kathleen Miller and their son, A.J., spoke of their years living next door to the defendant.

"He's been a very special part of my life -- my husband -- my children," Kathleen Miller (pictured, right) testified. "David took a great interest in my children. He'd sit down with them and discuss their goals and what they wanted to do with their lives."

She said the defendant would watch her house when they took vacations and, when they returned, the property would be ship-shape.

"It was typical David that he would go above and beyond if he was doing something for you," Miller said.

Westerfield also threw a surprise 50th birthday party for her.

Throughout the penalty phase, which began a week ago, Dusek made it a point that while Westerfield was able to enjoy his children growing up, Danielle's parents will be deprived of that opportunity.