Westerfield Jury Foreman: 'It Was The Blood'
Jury Recommends Death For Danielle Van Dam's Killer
POSTED: 1:42 pm PDT September 16,
2002
UPDATED: 6:20 am PDT September 17,
2002
SAN DIEGO -- The jury foreman in the David Westerfield trial has told reporters that blood on the Sabre Springs resident's jacket is what led jurors to convict him.
Jurors Monday recommended that Westerfield be put to death for kidnapping and murdering 7-year-old Danielle van Dam.It will be up to Superior Court Judge William Mudd to impose the sentence. A sentencing date has been set for Nov. 22 at 8:30 a.m.
The decision came after a rather confusing day of deliberations. Earlier in the morning, the jury foreman sent a note to Mudd saying that they had reached an impasse."We are unable to reach a unanimous verdict at this time and would like further guidance. Thanks, Juror #10," the note said.Mudd scheduled an afternoon hearing to discuss the stalemate, but shortly after the note was sent, the jury sent another note, telling Mudd that they were ready to deliberate further.Then, 10 minutes after the second note, jurors sent a third note, telling the judge they had reached a decision.That brought a protest from Westerfield attorney Steven Feldman, who suggested that the jurors had deliberated illegally after saying they were deadlocked, but Mudd said he would take the verdict.Immediately after the death penalty recommendation was made, Juror No. 1 asked to leave the courtroom, apparently to compose herself."I can't take it any more, your honor," she said.
The jury's foreman, Tony (pictured, left), and Juror No. 6, Jeffrey, spoke to reporters a few hours after the recommendation was made. Both men offered only their first names."For me, it was the blood on the jacket. Where did it come from? How did it get there?," Jeffrey said, in explaining why he found the 50-year-old guilty.But jurors took their time in coming to a decision, Jeffrey said, "because we had to make sure we were doing this right.""Everyone had to feel good about the law, what we had to do with it, and be comfortable within themselves," he added.Tony said that he didn't ever feel the jury would not come to an agreement."We tried to keep the discussion open as long as possible," he said. "There were certainly disagreements, but we didn't know until the end."Jeffrey said bug evidence in the guilt phase of the trial was "subjective," and felt that a number of the bug experts called to testify were "just not trustworthy."
Tony said he gave some credence to the bug evidence but generally only paid attention to the testimony of David Faulkner (pictured, right).Pornography evidence found on Westerfield's computer helped to establish a motive, Tony said.Neither man felt that Brenda and Damon van Dam's lifestyle came into play when deciding Westerfield's guilt."I thought it was silly," Jeffrey said.Throughout the case, Feldman had expressed concern that the jurors opinions were being tainted by extensive media coverage of the trial. But neither juror said the media created a problem.
"I got to watch a lot of movies," Jeffrey (pictured, left) said.The foreman also said that jurors did not feel they had to fill in timeline gaps in order to convict Westerfield, but would have liked to have heard more of his side of the story."We really wanted David Westerfield to speak to us and give us some idea of what his state of mind was," Tony said.Both Jeffrey and Tony told reporters that the penalty phase of the trial was an individual process."Each person had to come to peace with that decision," Tony said. "You enter into this thing possibly knowing that you're for the death penalty, but you've never been put to the test ... Everyone had to go through that step in their mind of, 'Holy cow, this is real.'"Westerfield was arrested three weeks after Danielle was reported missing from her bedroom on Feb. 2. The girl's nude body later was found dumped along a rural road, too decomposed to determine how or when exactly she died.
The van Dams were in the courtroom when the decision was read. Brenda van Dam (pictured, right) cried gently and held onto her husband.Upon arriving at their house in Sabre Springs, Brenda van Dam told reporters she was feeling "relieved," but asked that any other questions be held until a public announcement scheduled for Tuesday.That announcement will be held at 9 a.m., at La Jolla Shores. The area was reportedly one of Danielle's favorite places to play, and served as the site for a rainy memorial service in March.
"Today, justice was done for Danielle van Dam. Justice was done for her family. The jury who heard this case reached the correct guilt verdict, based on the evidence they had before them," said Pfingst (pictured, left, with Jeff Dusek)."The circumstantial evidence was powerful and, in our judgment, overwhelming. It was also a very difficult evidence for a jury to view and have to watch and have to consider.""The sentence recommendation in this case by the jury was the correct sentence recommendation, based on the evidence the jury had.""No greater harm could happen to a community than to have a child stolen from the safety of her own bedroom and taken, abused and killed," he said."I believe that this case was fairly tried. I'm extraordinarily proud of prosecutors, investigators and support staff in my office, who made this case come together on what was a very short period of time for such a complex matter."
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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The jury's foreman, Tony (pictured, left), and Juror No. 6, Jeffrey, spoke to reporters a few hours after the recommendation was made. Both men offered only their first names."For me, it was the blood on the jacket. Where did it come from? How did it get there?," Jeffrey said, in explaining why he found the 50-year-old guilty.But jurors took their time in coming to a decision, Jeffrey said, "because we had to make sure we were doing this right.""Everyone had to feel good about the law, what we had to do with it, and be comfortable within themselves," he added.Tony said that he didn't ever feel the jury would not come to an agreement."We tried to keep the discussion open as long as possible," he said. "There were certainly disagreements, but we didn't know until the end."Jeffrey said bug evidence in the guilt phase of the trial was "subjective," and felt that a number of the bug experts called to testify were "just not trustworthy."
Tony said he gave some credence to the bug evidence but generally only paid attention to the testimony of David Faulkner (pictured, right).Pornography evidence found on Westerfield's computer helped to establish a motive, Tony said.Neither man felt that Brenda and Damon van Dam's lifestyle came into play when deciding Westerfield's guilt."I thought it was silly," Jeffrey said.Throughout the case, Feldman had expressed concern that the jurors opinions were being tainted by extensive media coverage of the trial. But neither juror said the media created a problem.
"I got to watch a lot of movies," Jeffrey (pictured, left) said.The foreman also said that jurors did not feel they had to fill in timeline gaps in order to convict Westerfield, but would have liked to have heard more of his side of the story."We really wanted David Westerfield to speak to us and give us some idea of what his state of mind was," Tony said.Both Jeffrey and Tony told reporters that the penalty phase of the trial was an individual process."Each person had to come to peace with that decision," Tony said. "You enter into this thing possibly knowing that you're for the death penalty, but you've never been put to the test ... Everyone had to go through that step in their mind of, 'Holy cow, this is real.'"Westerfield was arrested three weeks after Danielle was reported missing from her bedroom on Feb. 2. The girl's nude body later was found dumped along a rural road, too decomposed to determine how or when exactly she died. Van Dams To Speak Tuesday
Brenda and Damon van Dam have announced that they will offer their reaction to Monday's death penalty recommendation from one of Danielle's favorite play areas.
The van Dams were in the courtroom when the decision was read. Brenda van Dam (pictured, right) cried gently and held onto her husband.Upon arriving at their house in Sabre Springs, Brenda van Dam told reporters she was feeling "relieved," but asked that any other questions be held until a public announcement scheduled for Tuesday.That announcement will be held at 9 a.m., at La Jolla Shores. The area was reportedly one of Danielle's favorite places to play, and served as the site for a rainy memorial service in March. DA: 'Justice Was Done'
District Attorney Paul Pfingst said that jurors made the right guilt decision.
"Today, justice was done for Danielle van Dam. Justice was done for her family. The jury who heard this case reached the correct guilt verdict, based on the evidence they had before them," said Pfingst (pictured, left, with Jeff Dusek)."The circumstantial evidence was powerful and, in our judgment, overwhelming. It was also a very difficult evidence for a jury to view and have to watch and have to consider.""The sentence recommendation in this case by the jury was the correct sentence recommendation, based on the evidence the jury had.""No greater harm could happen to a community than to have a child stolen from the safety of her own bedroom and taken, abused and killed," he said."I believe that this case was fairly tried. I'm extraordinarily proud of prosecutors, investigators and support staff in my office, who made this case come together on what was a very short period of time for such a complex matter." Feldman 'Very Disappointed'
Feldman, clearly upset, made a brief statement to reporters:"We said at the beginning that we would not try this case on the streets of San Diego. I say to you today, we will not appeal the case on the streets of San Diego, through the media."We're all very disappointed in the verdicts, of course, but we respect the decision of the jury."Tragically, two killings will never justify one. This is America, we're alienating ourselves from the international community by the imposition of the death penalty." Previous Stories:
- September 16, 2002: Westerfield Jury Deadlocked In Penalty Phase
- September 13, 2002: Westerfield Judge: Death Penalty Constitutional
- September 11, 2002: Deliberations Will Wait For Ill Juror
- September 10, 2002: Westerfield Juror Hospitalized
- September 9, 2002: Experts: Westerfield Jury Difficult To Gauge
- September 9, 2002: Fourth Day Of Deliberations Under Way
- September 6, 2002: Jurors Ask For 10News Interview
- September 5, 2002: Jury Re-Hears Westerfield Niece Testimony
- September 5, 2002: Jury Deliberates Penalty For Second Day
- September 4, 2002: Jury Deliberating Westerfield's Fate
- September 4, 2002: Final Arguments Made In Westerfield Trial
- September 3, 2002: Family, Friends Speak Fondly Of Westerfield
- September 2, 2002: Westerfield's Children Expected To Testify This Week
- August 29, 2002: Defense Portrays Westerfield As Father, Friend
- August 29, 2002: Friends Testify On Westerfield's Behalf
- August 28, 2002: Van Dams Talk About Danielle's Life
- August 28, 2002: Girl Accuses Westerfield Of Molesting Her
- August 28, 2002: Experts: Death For Westerfield Unlikely
- August 27, 2002: Still Photographers Remain Banned From Westerfield Trial
- August 26, 2002: Westerfield Jurors To Watch Danielle Montage
- August 26, 2002: Westerfield Defense Fighting To Keep Witnesses Out
- August 23, 2002: Judge Mudd Boots Photographers From Courtroom
- August 23, 2002: David Westerfield Found Guilty On All Counts
- August 22, 2002: Westerfield Lawyers Gearing For Sentence Fight
- August 21, 2002: San Diegans React To Westerfield Verdict
- August 20, 2002: Westerfield Jury Still Talking It Out
- August 20, 2002: Westerfield Jury Enters Day 9
- August 19, 2002: Westerfield Jury: No Decision After 8 Days
- August 19, 2002: Westerfield Trial Jurors Back To Work
- August 16, 2002: Jury Goes Home; Asks For More Evidence
- August 15, 2002: Day Six Of Deliberations Offers No Verdict
- August 15, 2002: Jurors Continue Poring Through Evidence
- August 14, 2002: Westerfield Jury Into Fifth Day
- August 13, 2002: Westerfield Jury: Four Days, No Decision
- August 13, 2002: Judge Denounces Talk Show 'Idiots'
- August 13, 2002: Jury Asks For Westerfield Interview
- August 13, 2002: No Decision From Westerfield Jury
- August 12, 2002: More Westerfield Search Warrant Affidavits Released
- August 12, 2002: Westerfield Jury Resumes Deliberations
- August 9, 2002: Westerfield Jury Goes Home After Half-Day
- August 8, 2002: Westerfield's Fate In Jury's Hands
- August 8, 2002: Radio Producer Kicked Out Of Westerfield Trial
- August 8, 2002: Westerfield Trial Close To Finishing
- August 7, 2002: Feldman Decries 'Sinister Spin'
- August 7, 2002: Dusek: Westerfield 'Guilty Of Ultimate Evil'
- August 6, 2002: Dusek: Westerfield 'Guilty To The Core'
- August 6, 2002: Dusek: The Case Is Simple
- August 2, 2002: Westerfield Trial Close To Wrapping Up
- August 2, 2002: Westerfield Defense Set To Rest Case Tuesday
- August 1, 2002: Another Entomologist Takes Stand In Westerfield Trial
- July 31, 2002: Westerfield Trial: Bug Expert Challenges Defense
- July 30, 2002: Westerfield Jury May Be Sequestered
- July 29, 2002: Westerfield Trial Could Last Into Next Week
- July 25, 2002: Expert: Danielle Had Been Dead 4-6 Weeks
- July 25, 2002: Mudd Threatens To Kick Cameras From Courtroom
- July 25, 2002: Forensic Expert Counters Defense Bug Evidence
- July 24, 2002: Westerfield's Son Takes Stand
- July 24, 2002: Judge Mudd Gives Media Tongue-Lashing
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Damon Van Dam Kicked Out Of Courtroom
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
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