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American Morning

Westerfield Jury to Resume Deliberations Today

Aired August 09, 2002 - 07:22   ET

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

BILL HEMMER, CNN ANCHOR: A San Diego jury resuming deliberations later this morning in the fate of David Westerfield. He's the man accused in kidnapping and killing 7-year-old Danielle van Dam. Jurors were given the case yesterday, deliberating into the evening. If convicted, prosecutor say they will seek the death penalty against Westerfield.
Thelma Gutierrez live from San Diego with more, where it is very early there, in California -- Thelma, good morning.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Bill.

You're right, you know, the jurors in this case have not been sequestered. This has been a trial that has gone 27 long days. It has received so much publicity. You can't turn on a television here in San Diego, even open a newspaper without learning something about this trial.

But the judge had said that it would be too much of a burden to sequester them. He had no indication that they wouldn't follow the court orders. And so those jurors are expected to come back today for deliberations.

Now, yesterday the prosecution finished its rebuttal arguments, telling jurors that the defense had misstated the evidence during closing arguments in the hopes of perhaps swaying the jury. Lead prosecutor Jeff Dusek talked about Danielle van Dam and what she would have told them if she were alive, about her fingerprints, her hair, her fibers found in Westerfield's home and motor home.

Dusek says this case is solidly built on physical evidence.

Now, the fate of David Westerfield is now in the hands of jurors, Bill, six men and six women who stated on their jury questionnaires that they would be capable of voting for the death penalty if they're able to convict David Westerfield of kidnapping and murdering Danielle van Dam -- Bill, back to you.

HEMMER: Thelma, thank you.

Thelma Gutierrez in San Diego this morning.

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