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CNN Live Today

Deliberations Expected to Begin Today in Trial of David Westerfield

Aired August 08, 2002 - 11:01   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: Deliberations are expected to begin today in the trial of David Westerfield. He's accused of kidnapping and killing 7-year-old neighbor Danielle Van Dam.

CNN's Thelma Gutierrez has been covering this story for us for what seems live forever, and she checks in this morning from San Diego with the very latest.

Good morning, Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Leon.

Court resumes about an hour from now, and this will mark the 27th day of trial. It's finally winding down with prosecution's rebuttal arguments, which will continue today. And throughout the trial, the defense has brought up the lifestyle of Danielle Van Dam's parents, suggesting that many people could have had access to Danielle Van Dam besides David Westerfield.

During closing arguments yesterday, defense attorney Steven Feldman raised the sensitive issue once again.

(BEGIN VIDEO CLIP)

STEVEN FELDMAN, DEFENSE ATTORNEY: We don't blame the parents. We don't think they recognized the dangers of the lifestyle that they led. We don't think they understood that they put their children at risk by engaging in the behaviors that they engaged in. We don't think that.

If you engage in risque sexual and drug behaviors, what happens to your children when you don't check on them?

(END VIDEO CLIP)

GUTIERREZ: During the rebuttal argument, the prosecution told jurors that the defense misstated the facts in this and they used fiber evidence as an example.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: Opening statement: the kids jumped up and down on the furniture in the living room, jumped up and down on the bed sheets that were downstairs. That was said in the opening statement. That was just said in the closing statement. But in between, there's no evidence.

My dad used to say, "That's a whole lot of wind sauce in their pudding." It's not there. There's no substance to it.

(END VIDEO CLIP)

FELDMAN: Lead prosecutor Jeff Dusek is referring to a time when Danielle Van Dam actually went to David Westerfield's home. She went there with her mother to sell Girl Scout cookies. The defense had argued that perhaps that was an explanation as to why Danielle' hair and fibers may have ended up in Westerfield's home. But the prosecution said that is just not so.

Leon, back to you.

HARRIS: All right, thank you very much. Thelma Gutierrez reporting live to for us from San Diego.

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