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CNN Live Today

Kidnapping/Murder Trial Underway in San Diego

Aired June 04, 2002 - 14:13   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: And in San Diego, California, opening statements are underway in the trial of David Westerfield.

He is charged with kidnapping and murdering seven-year-old Danielle Van Dam. The girl's father may take the stand today.

CNN's Thelma Gutierrez joins us outside the courthouse with more -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Well, Carol, the judge spent the first half-hour instructing jurors on this case. The jurors will not be sequestered, but they have been instructed not to watch any media reports, not to talk to the media, and not to read any reports.

Again, this is being called one of the most highly publicized cases in San Diego history.

Now, Danielle Van Dam was reported missing from her home back on February 2. Hundreds of people joined in on the search for her. Danielle's body was found nearly a month later.

The medical examiner has not been able to determine exactly how the child died or whether or not she was sexually assaulted.

Now, let's go live now to a picture in the courtroom, where prosecutor Jeff Dusec is laying out his case to jurors. Dusec is a veteran prosecutor who has handled more death penalty cases than anyone else in the San Diego County DA's office.

(BEGIN VIDEO CLIP)

JEFF DUSEC, SAN DIEGO CO. PROSECUTOR: Somebody sneaked into the Van Dam home that late evening, February 1 going into February 2. That somebody was able to get upstairs to Danielle's room. That somebody was able to get her out of the house. And we'll show you how that happened.

That somebody killed her. Murdered her. I will show you who that is.

And that somebody dumped her body like trash alongside the road down in Tejisa (ph).

UNIDENTIFIED MALE: Argument objection.

JUDGE: Overruled.

DUSEC: The evidence will show you who that is.

The evidence in this case that we will present will focus on David Westerfield.

(END VIDEO CLIP)

GUTIERREZ: Now, David Westerfield a twice-divorced father of two. He stared straight ahead during the prosecution's opening statements today. He pleaded not guilty to kidnapping, murder and misdemeanor possession of child pornography.

Superior Court Judge William Mudd will allow jurors to hear certain questions about the Van Dam's alleged lifestyle, but he said only within specific parameters.

Now, the night that Danielle Van Dam was reported missing, the Van Dams have admitted that they were smoking marijuana in their garage. Brenda Van Dam also went out dancing with girlfriends, she said, that night.

Defense attorney Steven Feldman is expected to begin his opening statements after the lunch break today.

Carol, back to you.

LIN: All right. Thank you very much, Thelma Gutierrez.

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