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CNN Live Today

Jurors Back Deliberating Case Against David Westerfield

Aired August 12, 2002 - 12:13   ET

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


CAROL LIN, CNN ANCHOR: They had the weekend to think about it, but now, jurors are, at this hour, back deliberating the case against David Westerfield. He is the neighbor accused of kidnapping and killing 7-year-old Danielle Van Dam.
CNN's James Hattori is keeping watch at the San Diego courthouse.

James, any word from them?

JAMES HATTORI, CNN CORRESPONDENT: Hi, Carol.

No, they're just getting underway after starting deliberations last Thursday and then continuing part of Friday. As you say, they are assembling as we speak here at the San Diego County Courthouse, to determine the fate of 50-year-old David Westerfield. He is, of course, the man accused of kidnapping and murdering 7-year-old Danielle Van Dam, whose nude, decomposing body was found along a desert road east of San Diego.

She was abducted from her parents suburban San Diego home, the night -- early morning of February 2.

Now Westerfield lives just two doors away from the Van Dams. And among the forensic evidence that was presented in court, hair, blood and fingerprints that belonged to the young girl that was found in David Westerfield's home, and motor home. Westerfield is also charged with possessing child pornography, thousands of computer images of young girls engaging in sexual acts.

During closing arguments, Westerfield's attorney describes all the evidence as circumstantial, saying there is no -- quote -- "smoking gun." Of course prosecutors dispute that -- over the two week trial -- two-month trial rather. The defense pointed to Van Dam's parents use of marijuana and their open sexual lifestyle. They are so-called swingers, saying that a stranger could have been invited to their home, and he or she could have committed the murder.

Now Westerfield's attorney also called expert witnesses who said that the little girl died at a time when Westerfield was already under police surveillance, so he couldn't have had the opportunity to kill her.

As always, it comes down to whether the jury thinks the evidence is overwhelming beyond a reasonable doubt, a decision which could mean whether David Westerfield pays the ultimate penalty.

Carol, prosecutor intends to seek the death penalty accept if convicted.

LIN: All right, thank you very much, James Hattori, live in San Diego.

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