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CNN Live Today

Defense Wraps Up Case Against David Westerfield

Aired July 25, 2002 - 11:23   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.
LEON HARRIS, CNN ANCHOR: In California, the defense has wrapped up its case in the trial of David Westerfield. He's the man charged with kidnapping and killing 7-year-old Danielle Van Dam. The rebuttal phase continues today. But yesterday, the defendant's son was reluctant witness for the prosecution.

CNN's Thelma Guttierez checking in live from San Diego. She's got more on this for us.

Hello, Thelma.

THELMA GUTTIEREZ, CNN CORRESPONDENT: Hi, Leon.

Well, that trial resumes in about a half an hour. And the prosecution will continue calling their rebuttal witnesses, which include a computer expert and a forensic entomologist later today. But yesterday, as you had mentioned, Leon, the focus was on the defendant's 18-year-old son Neal Westerfield, called by the prosecution. He smiled at his father as he took the stand. The judge order the camera to turn away to protect the college freshman's privacy. At issue: the hundreds pornographic images found on the defendant's home and on his computer and just who downloaded them. The defense has suggested kit may have been the son, and not the father.

(BEGIN VIDEO CLIP)

QUESTION: Do you know if your father had any pornography in the house?

NEAL WESTERFIELD: Yes.

QUESTION: How do you know?

WESTERFIELD: I found some on his computer, and I found some on disks in his office.

QUESTION: The stuff that you found on his computer, which computer was that, sir?

WESTERFIELD: That was the computer with Internet access.

QUESTION: The one in his office.

WESTERFIELD: Yes.

QUESTION: How was it that you found it on the computer?

WESTERFIELD: In the operating system that he uses, there's a button in the lower left hand called the "start" button, which contains all the shortcuts to your programs. And on one occasion, there was a link there which was to a pornography site on the Internet.

QUESTION: Did you access that site?

WESTERFIELD: No.

QUESTION: Why not?

WESTERFIELD: He was sitting right there. I just found it...

(LAUGHTER)

QUESTION: OK.

You mentioned another source of pornography, where was that?

WESTERFIELD: On one of the book shelves.

QUESTION: How did you find that, sir?

WESTERFIELD: I was looking for one of my games, which was stored on the book shelf, and I found it.

(END VIDEO CLIP)

GUTTIEREZ: The prosecution built their case on evidence, fiber and hair allegedly found in Westerfield's motor home, and in his house and on his jacket.

Before the defense rested yesterday they presented several witnesses who offered explanations. As for the motor home, one woman say she saw neighborhood children playing inside when the motor home was parked out on the curb and unlocked. As for the hair and fiber allegedly found on Westerfield's jacket, another woman testified she saw Danielle Van Dam's mother Brenda dancing very closely with him at a local bar the night before the child was reported missing. And also evidence was found in his home, and the defense has said that it was there because Danielle had gone inside Westerfield's home, and she was selling girl scout cookies there with her mother.

As for the son, Neal Westerfield, the defense elected not to cross-examine him yesterday. He left the courtroom with his mother. He looked over at his father very briefly, and then left.

Leon, back to you.

HARRIS: Thanks very much. Thelma Guttierez, reporting live for us from San Diego.

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