Fourth Day Of Deliberations Under Way

SAN DIEGO -- The jury trying to decide if child killer David Westerfield should be sentenced to death or spend the rest of his life behind bars has returned to the county courthouse for a fourth 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

On Friday, jurors asked to listen to interviews done with the defendant -- and for access to all penalty phase evidence.

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10News' Steve Fiorina Reports From The Courthouse

The jury asked to listen again to an interview 10News' Mark Matthews did with the defendant as Westerfield returned to his home in Sabre Springs on Feb. 4, two days after 7-year-old Danielle van Dam disappeared -- before Westerfield's arrest.

The television interview was played during the trial's guilt phase.

Westerfield, 50, told Matthews that he had just returned from a weekend in the desert and didn't know anything about the missing Sabre Springs child.

During the guilt phase, Westerfield's attorneys claimed their client couldn't have killed the young girl because he was under constant police surveillance from Feb. 5 until his arrest Feb. 22.

The jury also asked to listen again to an interview Westerfield did with police interrogation specialist Paul Redden later on Feb. 4.

Jurors heard about 40 minutes of that interview, in which the defendant explains his every move that weekend, including drinking and dancing the night of Feb. 1 with a group that included the victim's mother at Dad's Cafe and Steakhouse in nearby Poway.

Westerfield was convicted of kidnapping, murder, possession of child pornography and a special circumstance allegation that the murder took place during a kidnapping.

If the jurors became deadlocked in the penalty phase, with a high number favoring death, prosecutors would probably retry that phase of that trial without another jury, experts said.

Prosecutors might let a life sentence stand if the majority of deadlocked jurors favor that punishment, private attorneys said.

On Thursday, the panel asked for readback of testimony from a 19-year-old woman who told authorities her "Uncle Dave" molested her when she was about 7.

The victim of the alleged molestation said her mother's sister was one of Westerfield's two ex-wives.

Prosecutor Jeff Dusek told the jury that it could use the incident as an aggravating factor toward recommending the death penalty if they found Westerfield's actions to be criminal.