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CNN Live Today

Closing Arguments Expected to Begin in Van Dam Murder Trial

Aired August 06, 2002 - 12:31   ET

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


KYRA PHILLIPS, CNN ANCHOR: Closing arguments are expected to begin today in the trial of David Westerfield. Then it is up to the jury to decide what happens to the man accused of kidnapping and killing 7-year-old Danielle van Dam.
CNN's Thelma Gutierrez is following the proceedings. She's in San Diego.

Hi -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Hi there, Kyra.

Court began about a half an hour ago. Right now, the judge is very methodically reading those final instructions to the jury. Now, they want to do that right before closing arguments begin, which should get under way sometime later this morning. Jurors will be instructed on each specific count that David Westerfield is being charged with. In addition to being charged with kidnapping and murder of 7-year-old Danielle van Dam, David Westerfield also faces a misdemeanor count of possession of child pornography.

As you recall, there were thousands of images allegedly found in his home and on his computer. So the jurors will be instructed that they must unanimously agree on which if any of those specific images is child pornography. And if they agree on one image, then Westerfield be found guilty.

The trial here has gone on for the last two months. One hundred ninety-nine exhibits have been entered into evidence. And nearly 100 people have testified. So these jurors have a big job ahead of them.

Back to you.

PHILLIPS: Thelma, Westerfield insists that he is innocent. Is that correct?

GUTIERREZ: He sure does. If he is convicted, Kyra, he could face the death penalty.

And I must tell you I was just upstairs a few minutes ago, and I saw Danielle van Dam's parents are both there. The courtroom again is full. Now two months in a row, standing room only. But both of her parents are up there, and they are waiting for closing arguments to get under way.

PHILLIPS: Thelma Gutierrez, we will check in with you soon. Thank you. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com