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American Morning

Interview with Paul Levikow

Aired August 22, 2002 - 09:07   ET

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

PAULA ZAHN, CNN ANCHOR: We are going to talk about the Westerfield trial now.
The jury in that case reconvenes next week to try to decide whether the convicted killer lives or dies. Westerfield listened impassively yesterday as the court clerk read out three guilty verdicts, but what about the reaction from the parents of Danielle van Dam, the 7-year-old Westerfield was, of course, convicted of kidnapping and killing?

Paul Levikow of KOGO radio was in the courtroom. He joins us now from San Diego. Paul, good morning. Thanks for joining us.

PAUL LEVIKOW, KOGO RADIO: Good morning, Paula.

ZAHN: We have heard a lot about what appears to be very little reaction on David Westerfield's part. I know you were sitting close to the family in the courtroom. How did the van Dams react to the verdict being read?

LEVIKOW: Well, I got to admit I was a little rude. I turned in my chair was staring at Brenda when the verdicts were read just so I could get her reaction. She looked up to ceiling, said Oh, God, closed her eyes, buried her face in her hands and began sobbing and her husband, Damon, sitting next to her, put his arms around her, and they embraced, and they stayed in that position probably until the verdicts were finished being read, but it looked like it was just relief, extreme relief.

ZAHN: And describe, once you were able to turn around and look at David Westerfield, what his state of mind appeared to be.

LEVIKOW: Well, now, I was looking at the back of his head, so I didn't get to see what his facial expression was. I have since seen tape of it, and it was stoic, still looking forward with no expression. But it was a different -- it was a little different before the jury got into the courtroom. I was sitting directly behind him, about three feet away in the front row and noticed that his legs were shaking up and down, almost like a nervous twitch before the jury -- in anticipation of the verdict. But it was kind of anticlimactic when the verdict was actually read.

ZAHN: It is interesting because his family members are quoted as saying that he was absolutely shocked he was found guilty.

LEVIKOW: I find that shocking to hear that. He didn't seem anything. In fact, he was like he had been in most of the trial, just sitting there without any emotion. The only emotion I have ever seen him express was when his son testified about the child pornography.

ZAHN: Let's move on to the jury response to all of this. You described a point where the jury was out, they came back. When they reentered the courtroom, prior to the verdicts being announced, could you read anything in their faces?

LEVIKOW: Oh, yes. You know, I have covered trials for quite a few years in San Diego, and it is -- when they come in smiling and looking at the defendant, you can pretty much tell it is going to be an acquittal. It was a whole different story this time. They came in, did not make eye contact with Westerfield. They looked down, they looked around, they looked at the judge or the clerk, but they wouldn't look over at the defense table. They sat in their chairs, got situated, and -- excuse me, I am getting a fly here -- and you could tell that there was some nervous anticipation on their part. They had been at it. It was their 10th day in deliberations, and I think they just wanted to get it over with.

ZAHN: And is it true -- some have described -- I know you were focused on the van Dams, but that Westerfield just bored his eye into two -- or his eyes into two of the jurors as the verdicts were coming down?

LEVIKOW: Now that, I couldn't see, again, because I was sitting directly behind him, so I couldn't see his face, but I can tell you that a couple of the jurors got real emotional and were dabbing tears throughout the hearing. They were there for probably about 10 minutes into courtroom, and you could tell it was very emotional.

One of the jurors, a woman, number one, craned her neck around the other jurors to see into the gallery, to see if she could see someone or something. I don't know what she was looking for. I am presuming it was the van Dams, but just glanced over then glanced back forward ahead. Another juror, that was number 12, that was dabbing his eyes and seemed to put his head in his hands briefly was given a box of Kleenex by one of the alternate jurors. He didn't use them, he just put it down in front of him, but you could tell that they were trying and kind of looking out for each other.

ZAHN: Well, Paul Levikow, I know you didn't get any sleep last night, and I know you have been following this since you took a tour among the first reporters to take the tour of the van Dam house to the time the indictment first came down. Thank you very much for your insights this morning. They are very helpful in understanding what the scene was like yesterday afternoon. Appreciate it.

LEVIKOW: You are welcome.

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