Jury Deliberating Westerfield's Fate

SAN DIEGO -- Jurors began deliberating in the penalty phase of the David Westerfield murder trial today, after tearful testimony from his children and a prosecutor's admonition to send him to death row.

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.

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Westerfield's Fate Again In Jury's Hands

The six men and six women who earlier found Westerfield, 50, guilty of kidnapping and killing Danielle must recommend the death penalty or life in prison without 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.

But Westerfield's lead attorney, Steven Feldman (pictured, right), told the jury his client would be housed in a 5-by-8 cage forever if he is sentenced to life in prison.

"He will never walk the streets again, no matter what," Feldman said. "Death is not the right thing to do."

Feldman told jurors there was cheering on the street in front of the San Diego Hall of Justice when they convicted Westerfield of first-degree murder.

"Our community has got a lust for the killing of David Westerfield," the attorney said. "I fear you'll return a verdict of death to placate the blood-lust on the streets of San Diego that's not the right thing to do."

Feldman reminded jurors that the self-employed design engineer and twice-divorced father of two had done a lot of good things in his life.

"This is a man who's just done one bad thing his whole life, and that's it," Feldman said.

A society is judged on how it treats its worst, the attorney said. Taking a life for a life is not taking the high road, Feldman told the jury.

"I am pleading for life," Feldman said. "I know that is the way of the future."

But Dusek had 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 tried to counter any weight given to a defense argument that Westerfield's medical device inventions had 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."

Westerfield was brought up by a good family in Maine, was not abused and had no financial problems, Dusek said.

"He had very little to overcome," the prosecutor said. "He had it all."

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."

Before the attorneys argued, the defendant's son tearfully told the jury 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.

Feldman called the notion that Westerfield tried to blame his son "ridiculous and almost obscene."

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.

Dusek urged the jury to give Westerfield the punishment that is "just and appropriate."

"Does he get what he deserves or what he wants?" the prosecutor asked.

In his closing argument, Feldman took Dusek to task.

"Don't give him what he wants ... that's a subtle way of saying, 'Kill him,'" Feldman told the jury.

Westerfield's 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.