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CNN Live Today
Jury May Be Getting Case Today in Trial of David Westerfield
Aired August 07, 2002 - 11:34 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: Now a jury may be getting the case today in the trial of David Westerfield. The San Diego man is charged in the kidnapping and murder of 7-year-old Danielle Van Dam last winter. Thelma Gutierrez has been covering the trial and the case. She joins us now from the courthouse in San Diego.
Good morning, Thelma.
THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Leon.
You're right, there is speculation the defense may wrap up its case today. And then prosecution would put on its rebuttal argument, and this case could conceivable go to the jury today. When exactly that may happen is anyone's guess at this point, Leon.
During closing arguments yesterday, the prosecution told jurors there was a mountain of physical and forensic evidence that points to 50-year-old David Westerfield as the man who kidnapped and murdered 7- year-old Danielle Van Dam, who lived just two doors away. The defense argued David Westerfield was never in the Van Dam home, and will prove it.
(BEGIN VIDEO CLIP)
STEVEN FELDMAN, DEFENSE ATTORNEY: There is going to be evidence I'm going to show you that somebody else was in that residence that was not David Westerfield. Without being facetious, we see all their boards, if I was to put this board up on the wall, this is the evidence they have David Westerfield in the Van Dam residence.
(END VIDEO CLIP)
GUTIERREZ: Including thousands of pornographic images they say Westerfield downloaded and meticulously categorized. The prosecution read the jurors some of the text from a pornographic cartoon in Westerfield's collection.
(BEGIN VIDEO CLIP)
JEFF DUSEK, PROSECUTOR: "No, oh, don't, don't rape me. I'm just a young girl. Please have pity."
"Oh, what sweet little (EXPLETIVE DELETED)," he says to this little girl. "When I was young, girls like you would not even look at me, as he was getting ready to sodomize her. Stop screaming, if someone hears you, I will have to kill you."
(END VIDEO CLIP)
GUTIERREZ: Now the prosecution told jurors that the kind of person who would have this sort of material in their collection is exactly the person who would be capable of kidnapping and killing a little girl.
Leon, back to you.
HARRIS: All right. Thank you, Thelma.
Thelma Gutierrez, reporting live for us there in San Diego, California.
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