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CNN Live Today

Attorney Making Animated Plea to Jury in Defense of David Westerfield

Aired August 07, 2002 - 13:00   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: At this hour, an attorney in San Diego is making an animated plea to a jury in defense of the man accused of killing 7-year-old Danielle Van Dam. He says the case against David Westerfield is fundamentally flawed, and, once again, he is raising the issue of his victim's parents lifestyle.

CNN's Thelma Gutierrez is standing by with the latest in the case where the just has just ordered a break.

Thelma, what can you tell us?

THELMA GUTIERREZ, CNN CORRESPONDENT: That's exactly right, Kyra. In fact, we were going to go to live picture from the courtroom, but you're right, they just took a break.

Now court resumed about an hour ago. The defense is continuing today with closing arguments. Now this morning, the defense attorney Steven Feldman instructed jurors very emphatically to remain impartial. He talked to them about their responsibility in this case. He also said that he would prove that his client David Westerfield was never in the Van Dam home, as the prosecution had suggested, when the 7-year-old was kidnapped, and that the prosecution has no trace of Westerfield. They have no fingerprints, no fibers, no hair of Westerfield that would tie him to that home.

(BEGIN VIDEO CLIP)

STEVEN FELDMAN, DEFENSE ATTORNEY: There's going to be evidence I'm going to show you that somebody else was in that residence that was not David Westerfield. You know, without being facetious, we see all their boards if I put this on the wall this is the evidence they have of David Westerfield in the Van Dam residence.

(END VIDEO CLIP)

GUTIERREZ: Now the prosecution argued yesterday that they have plenty of evidence, both forensic and physical evidence, that ties Westerfield to Danielle's kidnapping. They also told jurors Westerfield has extensive collection of pornography, including child pornography, and that oftentimes fantasized about young girls.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: He's guilty of these crimes, of this ultimate evil he committed. He's guilty to the core.

(END VIDEO CLIP)

GUTIERREZ: Now the defense may wrap up today. The prosecution will have a chance to present it's final arguments, and then the case, Kyra, may go to the jury.

Back to you.

PHILLIPS: Thelma, how are the parents of Danielle Van Dam? Are they still there? And is it quite a filled courtroom?

GUTIERREZ: Yes, it sure it is, Kyra. In fact, they've been here every day. They said that they would be here right up through the end. There's -- of course there's a gag order in this case. They're not talking to the media, but they've been there. They have stood outside of the courtroom, and they have been supported by some of the friends who've shown up here with them.

Thelma Gutierrez, live in San Diego, following the closing arguments there in the Danielle Van Dam murder trial.

Thank you, Thelma.

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