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CNN Live Today

Jurors in San Diego Could Soon Begin Deliberating Fate of David Westerfield

Aired August 08, 2002 - 12:03   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: To the West Coast now, where jurors in San Diego could soon begin deliberating the fate of David Westerfield. For two months, jurors have been informed about the evidence in the murder of Danielle Van Dam. Prosecutors say her neighbor is the murderer.
CNN's Thelma Gutierrez is where she has been for much of the trial, at the courthouse.

Hi there, Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Hi there, Fredricka.

Court is expected to begin at any time now, and Danielle Van Dam's parents Damon and Brenda are expected to be here in the courtroom as they have been for much of this trial. As we had mentioned earlier, this trial is now in its 27th day.

Yesterday, the defense wraps up its closing arguments, and today the prosecution continues with their rebuilt arguments.

Prosecutor Jeff Dusek told jurors that the defense had misstated the evidence about expert testimony regarding the timeline around Danielle Van Dam's death, which has been very much debated, and the prosecution's theory that Danielle Van Dam was murdered in David Westerfield's motor home, in the bed of that motor home, not in her bedroom, as the defense had suggested.

The prosecution also argued that the alleged pornography in Westerfield's collection suggests this is a man with sexual fantasies about young girls, and that that is perhaps what led up to Westerfield's kidnapping Danielle Van Dam.

(BEGIN VIDEO CLIP)

STEVEN FELDMAN, DEFENSE ATTORNEY: If those females are over 18, there is no crime, end of discussion. Gross? OK. Disgusting? OK. Inappropriate? OK. Enough to shock you? OK. Enough to bias you? Definitely. Enough to prejudice you against Mr. Westerfield? Absolutely, The plan. But you're not allowed to consider bias, passion or pity or prejudice.

(END VIDEO CLIP)

GUTIERREZ: Steven Feldman's closing arguments lasted five whole hours. For much of that time, he raised his voice, he pounded his fists and he spoke in a very loud voice to the jurors.

Yesterday, he also apologized as he was starting to wrap up, saying that is his style, and that perhaps his style would cause heartburn among some of them jurors, but that should not be allowed to color their view of David Westerfield.

And again, Fredricka, the prosecution is expect today wrap up its rebuilt arguments many today. The case is expected to go to the jury.

Back to you.

WHITFIELD: All right, a little bit later on this afternoon. Thank you very much, Thelma Gutierrez.

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