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CNN Live Today

Closing Arguments Under Way in Trial of David Westerfield

Aired August 07, 2002 - 12:49   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.
KYRA PHILLIPS, CNN ANCHOR: Closing arguments now under way in the trial of David Westerfield, the engineer accused of killing 7- year-old Danielle Van Dam. We have heard just about everything in this trial, from sexual fantasies to spouse swapping. But what about the evidence? San Diego attorney Robert Grimes has been following the drama in the courtroom.

Bob joins us from San Diego.

Hi, Bob.

ROBERT GRIMES, SAN DIEGO ATTORNEY: Good morning.

PHILLIPS: Well, let's talk about the evidence. Why don't we start talking about the players. First of all, Steve Feldman, the defense attorney, he seems to be quite an expert when it comes down to bug evidence. He's used that before, hasn't he?

GRIMES: He has used the time of death defense before successfully, and he won a very big murder case about 15 years ago with pathologist on that issue. He is very strong on scientific evidence.

PHILLIPS: Let's go into a bit more detail about his strengths, Bob. What do you surmise from what he's done so far?

GRIMES: Well, he is a passionate lawyer. He is absolutely dedicated to the defense of his clients, which is one of the reason he is held in such high regard by other criminal fall lawyers in town. He has taken a case -- his job in this case is to save Westerfield's life. That's what he is trying to do. He will day and night doing that. That's why you see him attack -- he is aggressive. He attacked everything the prosecution has thrown about him and put up his own defense on the time of death.

PHILLIPS: How do you think he's done so far?

GRIMES: Well, it's a tough case. There is a lot of physical evidence. The one thing that I think gives him a chance is the fact he was able to use the same expert hired by the prosecution to be at the autopsy, to help with the time of death based on the insect life stages and has that expert testifying for him, Mr. Falkner (ph), and I think that's going to be his primary argument today. PHILLIPS: Let's talk about the prosecution, what moved me yesterday, just hearing about the details of Westerfield's sheets, and bed and home, and he seemed to be quite a passionate attorney also.

GRIMES: Well, he is, at least right now he is. Normally Jeff Dusek is pretty low key, straightforward, matter of fact. But when he was talking about how Danielle is speaking to us through her hair and her fingerprints, that was very emotional, and he actually had some of the jurors crying.

PHILLIPS: Of course, Westerfield, if convicted of murder, you move into a penalty phase. Let's talk a bit about that.

GRIMES: That's correct. If they find these special circumstance of kidnapping, which I think they will do. If they find him guilty of murder, I think they will find it happened during kidnapping, that means that we start a second trial with the same jury, and their decision will be only one decision. Is Westerfield going to die in prison of old age with life without parole or will he die in prison with a lethal injection.

PHILLIPS: Bob Grimes, San Diego attorney, following the Westerfield trial. We'll check in again. Thanks, Bob.

GRIMES: Thank you.

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